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UNIVERSITY  of  CALIFORNIA 

AT 

LOS  ANGELES 

LIBRARY 


GENERAL  LAWS 


MASSACHUSETTS 


RELATING    TO 


CORPORATIONS,  5TREEI  RAILWAY 
ELECTRIC  RAILROAD 


Chapters  463  and  516  of  the  Acts  of  1906,  Provisions  of  the 

Revised  Laws  and  Subsequent  Legislation  to 

and  including  the  year  1909. 


MASSACHUSETTS  RAILROAD   COMMISSION. 
Compiled  by  the  Clerk  of  the  Board. 


BOSTON : 

WRIGHT   &   POTTER   PRINTING    CO.,  STATE   PRINTERS, 

18  Post  Office  Square. 

1909. 


92 


HaasarliuBfttH  Hatlroafc  GJontrntHfium. 


WALTER  PERLEY  HALL,  Chairman. 

GEORGE  W.  BISHOP. 


CLINTON  WHITE. 


CHARLES  E.  MANN,  Cleric. 


Office,  20  Beacon  Street,  Boston. 


Approved  by  the  State  Board  of  Publication. 


- 


General  Raileoad  and  Railway  Law 

OF  1906, 

WITH 

ADDITIONAL  AND  AMENDING  STATUTES. 


Chapter  463  of  the  Acts  of  1906. 

AN    ACT    RELATIVE    TO    RAILROAD    CORPORATIONS    AND 
STREET  RAILWAY  COMPANIES. 

Part  I. 

OF    RAILROAD  CORPORATIONS  AND   STREET   RAILWAY   COM- 
PANIES. 


Section 
1-4.  Board  of  railroad  commissioners. 
5-20.  General  powers  and  duties  of  board. 
21-22.  Grade  crossings. 
23-28.  Alteration  of  grade  crossings. 
29-45.  Abolition  of  grade  crossings. 
46-48.  Railroad  and    street   railway  relief 

corporations. 
49-55.  Railroad  and  street  railway  police. 
56-57.  Inspection  of  equipment. 


Section 

58.  Railroad  and  street  railway  bridges. 
59-60.  Conditional  sale  of  rolling  stock. 

61.  Attachment  of  rolling  stock. 

62.  Notice  of  accidents. 

63.  Penalty  for  loss  of  life. 

64.  Evasion  of  payment  of  fares. 

65.  Injury  to  signals. 

66.  Throwing  missiles,  etc. 

67.  Lease  or  purchase  of  franchise. 


BOARD    OF    RAILROAD    COMMISSIONERS. 


Section  1.     There  shall  be  a  board  of  railroad  commission-  Ranroa(i  com. 
ers,  consisting  of  three  competent  persons,  one  of  whom  shall  j^rk's^tc! 
annually,  before  the  first  day  of  July,  be  appointed  by  the  gov-  Ifjjg'^of'  L\ 
ernor,  with  the  advice  and  consent  of  the  council,  for  a  term  of  J3. 

i  c  -it  mi         i  iiiii  ii  i  lo<4,  St'l,  s  o. 

three  years  from  said  day.     lhe  board  shall  have  a  clerk,  who  1876,  iss,  §  3; 

.  206    §  1. 

shall  be  appointed  by  the  governor,  who  shall  keep  a  full  and  P.s\  112, 
faithful  record  of  its  proceedings,   and  who  shall  serve  such  issV.  334,  §  2. 
notices  as  the  commissioners  may  require.     The  board  may  em-  §§  1/2.  5* 
ploy  an   assistant  clerk,   who   shall   perform  such   clerical   and  Jf9^;  \\\\  §  8 
other  office  work  as  the  board  may  require,  and  who,  in  the  J992^^ '  169! 
absence  or  during  the  disability  of  the  clerk,  may,  if  so  directed 
by  the  board,  perform  his  duties.     The  board  may  employ  an 
accountant,  skilled  in  the  methods  of  railroad  accounting,  who 
shall,   under  its  direction,  supervise  the  method  by  which  the 
accounts  of  corporations  operating  railroads  or  street  railways 
are  kept.     The  board  may  from  time  to  time,  if  in  its  opinion 
it  is  necessary,  appoint  competent  railroad  and  railway  inspec- 
tors, not  exceeding  one  for  every  one  thousand  miles  of  railroad 
and  railway  track,  each  for  a  term  of  three  years,  and  may  for 


BOARD    OF    RAILROAD    COMMISSIONERS. 

cause  remove  any  such  inspector  and  appoint  another  in  his 
place.  An  appointment  to  fill  a  vacancy  shall  be  for  the  residue 
of  the  unexpired  term.  The  board  shall  appoint  one  or  more 
competent  experts  to  examine  the  reports  required  by  section 
fifty-eight,  and  may,  whenever  in  its  opinion  the  public  interests 
require,  in  connection  with  any  proposed  issue  of  stock  or  bonds 
by  a  railroad  corporation  or  street  railway  company,  employ 
competent  experts  to  investigate  the  character,  cost  and  value 
for  railroad  or  railway  purposes  of  the  property  of  such  corpora- 
tion or  company.  The  commissioners  and  clerks  shall  be  sworn 
before  entering  upon  the  performance  of  their  duties,  and  shall 
not  be  in  the  employ  of  or  own  stock  in  a  railroad  corporation  or 
street  railway  company,  nor  shall  they  personally,  or  through  a 
partner  or  agent,  render  any  professional  service  or  make  or  per- 
form any  business  contract  with  or  for  a  railroad  corporation  or 
street  railway  company  chartered  under  the  laws  of  this  com- 
monwealth, except  contracts  made  with  them  as  common  car- 
riers, nor  shall  they,  directly,  or  indirectly,  receive  a  commis- 
sion, bonus,  discount,  present  or  reward  from  any  such  corpora- 
tion or  company. 


Tenure  of 
office. 

IS.st,  :;t;i. 


Removal  of 
officers. 
1881,  57. 
P.  S.  21,  §  1. 
[1  Op.  A.  G. 
140.] 

Filling  of 
vacancies. 
1860,  216. 
P.  S.  21,  §  2. 


Organization 
of  state  boards. 
1898.  265. 

<  laths  of  office. 

Hes.  17*0,  58. 
R  S.  13,  §  57. 
G.  S.  14,  §  40. 
P.  S.  21,  §  3. 


Failure  to 
qualify. 
1862,  109, 
§§  1.  2.  5. 
1867,  138, 
§§  1.  2,  5. 
P.  S.  21, 
§§  4,5. 


Revised  Laws,  Chapter  18,  §§  1,  2,  3,  4,  7,  8. 

Section  1.  A  public  officer  appointed  by  the  governor,  with  the 
advice  and  consent  of  the  council,  shall,  unless  otherwise  provided  by 
law,  hold  his  office  during-  the  term  for  which  he  is  appointed  and  until 
his  successor  in  office  has  been  appointed  and  qualified. 

Section  2.  A  public  officei",  if  appointed  by  the  governor,  may  at 
any  time  be  removed  by  him  for  cause,  and,  if  appointed  by  him  with 
the  advice  and  consent  of  the  council,  may  be  removed  with  its  advice 
and  consent,  unless  some  other  mode  of  removal  is  provided  by  law. 

Section  3.  If  a  vacancy  occurs  during  the  recess  of  the  general 
court  in  an  office  which  is  filled  by  an  election  by  the  general  court  and 
for  which  no  other  provision  is  made,  the  governor,  with  the  advice 
and  consent  of  the  council,  shall  appoint  a  person  to  fill  such  vacancy, 
who  shall  hold  office  until  the  assembling  of  the  general  court  and  until 
another  is  chosen  in  his  stead.  Vacancies  in  boards  or  commissions  con- 
sisting of  more  than  one  member  may  be  filled  for  the  residue  of  the 
unexpired  term  in  the  mode  provided  for  an  original  appointment,  and 
in  offices  filled  by  a  sole  officer,  for  the  full  term. 

Section  4.  A  state  board  and  commission  shall,  upon  organizing, 
report  its  organization  to  the  secretary  of  the  commonwealth. 

Section  7.  A  person  chosen  or  appointed  to  an  office  may,  unless 
otherwise  provided  by  law,  take  and  subscribe  the  oaths  required  to 
qualify  him  before  the  governor,  lieutenant  governor,  two  councillors 
or  two  commissioners  appointed  under  the  provisions  of  section  eight 
of  chapter  seventeen. 

Section*  8.  A  person  appointed  to  an  office  by  the  governor  shall  be 
notified  of  his  appointment  by  the  secretary  of  the  commonwealth  and 
1 1 is  commission  delivered  to  him,  and  if  he  does  not,  within  three  months 
after  the  date  of  such  appointment,  take  and  subscribe  the  oaths  of 
office,  his  appointment  shall  be  void,  and  the  secretary  shall  forthwith 
notify  him  thereof  and  require  him  to  return  his  commission,  and  shall 
also  certify  said  facts  to  the  governor.  This  section  shall  be  printed 
on  every  such  commission. 


BOARD    OF    RAILROAD    COMMISSIONERS.  5 

Section  2.    The  annual  salary  of  the  chairman  of  the  board  n*!?^n°frscom" 
shall  be  five  thousand  dollars,  that  of  the  other  commissioners  cterks^etc.'    . 
four  thousand  dollars  each,  of  the  clerk  twenty-five  hundred  dol-  i|69!  4os! 
lars,  of  the  assistant  clerk  not  more  than  twelve  hundred  dollars,  1873,  377.  5  8. 
and  of  each  railroad  and  railway  inspector  two  thousand  dol-  i876!  iss!  1  3." 
lars,  payable  by  the  commonwealth.     The  commissioners  shall  p.'s.'n21'§  10. 
be  provided  with  an  office  in  the  state  house,  or  in  some  other  j||^  },$•  J64/ 
suitable  place  in  the  city  of  Boston,  in  which  their  records  shall  J|||- 1^5,  §  7. 
be  kept.     In  the  performance. of  their  official  duties,  they  shall  isoo!  406. 
be  transported  over  the  railroads  and  railways  in  this  common-  R.  l!  111,  §  9. 
wealth  free  of  charge,  and  may  employ  and  take  with  them  ex-  1904!  967' 
perts  or  other  agents  whose  services  they  consider  temporarily  of  seT/soV  w '. 
importance.      The  board  may  expend  not  more  than  forty-five 
hundred  dollars  annually  in  procuring  necessary  books,  maps, 
statistics  and  stationery  and  in  defraying  expenses  incidental 
and  necessary  to  the  performance  of  its  duties,  and  not  more 
than  twenty-five  hundred  dollars  annually  in  defraying  the  com- 
pensation of  an  accountant.     A  statement  of  such  expenditures 
shall  accompany  its  annual  report. 

Acts  of  1906,  Chapter  417. 

An  Act  relative  to  the  Salaries  of  the  Board  of  Railroad  Commissioners  and  of 
their  Clerk  and  Assistant  Clerk. 

Section  1.     The  annual  salary  of  the  chairman  of  the  board  of  rail-   boardeof°f 
road  commissioners  shall  be  six  thousand  dollars  and  that  of  the  other  railroad  com- 
commissioners  five  thousand  dollars  each,  from  and  after  the  first  day 
of  July  in  the  year  nineteen  hundred  and  six. 

Section  2.     The  annual  salary  of  the  clerk  of  the  board  of  railroad   clerk  and 

n  .  assistant 

commissioners  shall  be  three  thousand  dollars  and  that  of  the  assistant   clerk, 
clerk  shall  be  eighteen  hundred  dollars,  from  and  after  the  first  day  of 
July  in  the  year  nineteen  hundred  and  six. 

Section  3.     This  act  shall  take  effect  upon  its  passage.     [Approved 
May  24,  1906. 

Section  3.     The  sums  of  money  annually  appropriated  by  Apportion- 
the  general  court  for  the  salaries  and  expenses  of  the  board  of  salaries.  etc._ 
railroad  commissioners,  its  clerks  and  employees,  shall  be  ap-  istk  ins.  I  9. 
portioned  by  the  tax  commissioner  among  the  several  railroad  |  /8; '" 
corporations  and  street  railway  companies,  and  on  or  before  the  ^i'ni'ih. 
first  clay  of  July  in  each  year  ho  shall  assess  upon  each  of  said   [||7.  334,  s  -i. 
corporations  and  companies  its  share  of  such  sums  in  proportion  18941  535.  §  8. 
to  its  gross  earnings  from   the   transportation   of    persons   and   I897i  376!  §  4. 
property  for  the  last  preceding  year  in  which  the  assessment  is  1904!  429'. 
made;  and  such  assessments  shall  be  collected  in  the  same  man- 
ner as  taxes  upon  corporations. 

Section  4.     Of  the  amount  so  assessed  and   collected   any  —balance 
balance  remaining  on  the  thirtieth  day  of  November  in   any  ward* 
year  shall  bo  carried    forward   to  the  next  year,  and  shall  be  1904,4- 
taken  into  account  in  making  the  appropriation  for  that  year. 


6 


GENERAL    POWERS    AND    DUTIES    OF    BOARD. 


Annual  report. 

1869,  408, 
§§  3,  11. 

1870,  307,  §  2. 
1874,  372, 

§§  9,  14,  15. 
P.  S.  112, 
§§  13,  16,  26. 
R.  L.  Ill,  §  11. 


Public 
documents. 
1857,  40,  §  2. 
G.  S.  4,  §  2. 
1863,  219. 
1S76,  178. 

1877,  248, 
§§  1,5. 

1878,  264,  §  1. 

1880,  193,  §  1. 

1881,  293,  §  1. 
P.  S.  4,  §  7. 
1885,  369. 
1889,  440,  §  7. 
1894,  393,  §  7. 

1896,  258. 

1897,  243. 

1901,  257. 
[Repealed. 

1902,  438, 
§§  4,  7.] 


See 


GENERAL    POWERS    AND    DUTIES    OF    BOARD. 

Section  5.  The  board  shall  make  an  animal  report,  which 
shall  be  transmitted  to  the  secretary  of  the  commonwealth,  on  or 
before  the  first  Wednesday  in  January,  and  be  laid  before  the 
general  court.  The  report  shall  include  such  statements,  facts 
and  explanations  as  will  disclose  the  actual  working  of  the  sys- 
tem of  railroad  and  railway  transportation  in  its  bearing  upon 
the  business  and  prosperity  of  the  commonwealth,  such  sugges- 
tions as  to  its  general  railroad  and  railway  policy,  or  any  part 
thereof,  or  the  condition,  affairs  or  conduct  of  any  railroad  cor- 
poration or  street  railway  company,  as  may  seem  to  it  appro- 
priate, such  tables  and  abstracts  of  all  the  returns  required  to 
be  made  by  a  corporation  or  company,  as  it  considers  expedient, 
and  a  report  of  any  proceedings  taken  under  the  provisions  of 
section  nine. 

Revised  Laws,  Chapter  9,  §  7. 

Section  7.  There  shall  be  printed  annually,  before  the  assembling 
of  the  general  court  or  as  soon  thereafter  as  possible,  the  number  of 
copies  of  documents  and  reports  hereinafter  specified,  the  same  to  be 
numbered  in  a  series  to  be  called  public  documents.  Said  reports  shall 
be  as  brief  as  possible  without  omitting  any  facts  or  information  re- 
quired by  law  to  be  contained  therein.  [No  maps,  plans,  photogravures, 
wood  cuts  or  other  pictorial  illustrations  shall  be  introduced  unless 
specially  authorized  by  the  general  court  or  either  branch  thereof  or, 
if  the  cost  does  not  exceed  five  hundred  dollars,  with  the  previous 
approval  of  the  secretary  of  the  commonwealth,  acting  as  supervisor  of 
state  printing,  and  of  the  auditor  of  accounts;  but  said  reports  may 
include  abstracts  or  compilation  of  the  statutes  relative  to  the  subject, 
matter  of  the  respective  reports.]  They  shall  be  transmitted  to  the  gen- 
eral court  through  the  office  of  the  secretary  of  the  commonwealth.  No 
more  copies  than  is  herein  provided  for  shall  be  printed  at  the  expense 
of  the  commonwealth  or  be  paid  for  out  of  any  contingent  fund,  or  out 
of  the  earnings  of  any  department  or  institution  which  are  the  prop- 
erty of  the  commonwealth;  and  no  bill  for  printing  any  larger  number 
shall  be  approved  by  the  auditor  or  paid  out  of  any  funds  belonging  to 
the  commonwealth. 


Railroad.  Of  the  board  of  railroad  commissioners,  four  thousand  two  hundred 

1877!  24I;  §  l.    and  fifty  copies,  of  which  two  thousand  two  hundred  and  fifty  copies 

1880   193',  §     :    sha11  be  b0Ulld  without  returns.  1881,  293,  §  1.  P.  S.  4,  §  7. 

1889,  440,  §  7.  1894,  393,  §  7.  [Repealed  by  1905,  188.] 


No  report  to 
be  printed 
without  the 
approval  of 
the  state 
board  of  pub- 
lication. 


Repeal. 


Acts  of  1902,  Chapter  438. 

Section  4.  All  boards  or  commissions  before  entering  upon  the 
preparation  of  any  publication  shall  submit  to  the  state  board  of 
publication  careful  statements  of  the  scope,  and  estimates  of  the  size, 
of  such  publication.  The  said  board  shall  have  power  to  determine 
the  number  of  pages  to  which  any  such  report  may  extend,  and  to  de- 
termine whether  it  shall  include  maps,  plans,  photogravures,  woodcuts 
or  other  illustrations;  and  no  such  report  shall  be  printed  unless  it 
bears  the  certified  approval  of  the  state  board  of  publication. 

Sectiox  7.  Sections  ten  and  eleven  of  chapter  one  hundred  and 
seven  of  the  Revised  Laws,  section  six  of  chapter  nine  of  the  Revised 


GENERAL    POWERS    AND    DUTIES    OF    BOARD.  7 

Laws,  and  so  much  of  section  seven  of  said  chapter  as  refers  to  maps, 
plans,  photogravures,  woodcuts  or  other  pictorial  illustrations,  are 
hereby  repealed. 

Acts  of  1905,  Chapter  138. 

An  Act  relative  to  the  Number  of  Copies  of  the  Annual  Report  of  the  Board  of 
Railroad  Commissioners. 

Section  1.     There  shall  be  printed  annually  forty-five  hundred  copies   Report  of 
of  the  annual  report  of  the  board  of  railroad  commissioners,  of  which   roadcommis- 
twenty-two  hundred  and  fifty  shall  be  bound  without  returns.  sioners. 

Section  2.    So  much  of  section  seven  of  chapter  nine  of  the  Revised  Repeal. 
Laws,  relating  to  the  number  of  copies  of  the  annual  report  of  the  board 
of  railroad  commissioners  as  is  inconsistent  herewith  is  hereby  repealed. 
[Approved  March  7 ,  1905. 

Revised  Laws,  Chapter  18,  §§  5,  6. 

Section  5.     A  state  board  and  commission  which  is  charged  with  the   Accounts  of 
expenditure  of  money  shall,  in  its  annual  report,  give  a  detailed  and  etc. 
itemized  account  of  all  money  then  due  from  said  board  or  commission   1898-  366- 
and  unpaid,  and  a  like  statement   of  all  claims  against  it,  giving  the 
name  of  the  claimant  and  the  nature  and  amount  of  the  claim. 

Section  6.     State  boards  and  commissions  shall  annually,  on  or  be-   Recommenda- 
fore  the  first  Wednesday  in  January,  deposit  with  the  secretary  of  the   iegCfiaft0ion. 
commonwealth  such  parts  of  their  annual  reports  which  are  required   1893,  144. 
to  be  made  to  the  governor  and  council  or  to  the  general  court  as  contain 
recommendations  or  suggestions  for  legislative  action;  and  the  secretary 
shall  forthwith  transmit  them  to  the  governor  and  council  or  to  the 
general  court. 

Section  6.     The  board  shall  have  the  general  supervision  of  ^rd.  °f 
all  railroads  and  railways,  and  shall  examine  the  same;  and  the  |f 6J*' 5 os* 
commissioners  shall  keep  themselves  informed  as  to  the  condi-  p  g  •  £722, 5*  14 
tion  of  railroads  and  railways  and  the  manner  in  which  they  R.  l.  111,  *§  12. 
are  operated  with  reference  to  the  security  and  accommodation  [oP.  a",  g'. 
of  the  public,  and  as  to  the  compliance  of  the  several  railroad 
corporations  and  street  railway  companies  with  their  charters 
and  the  laws  of  this  commonwealth.     The  board  may  from  time 
to  time  require  railroad  corporations  and  street  railway  com- 
panies to  install  and  maintain  at  such  places  upon  the  railroad 
or  street  railway  premises  as  it   shall   designate  such  block  or 
other  signals  or  devices  as  it   shall  approve  for  the  purpose  of 
safeguarding  public  travel.      The  supreme  judicial   court   shall 
have   jurisdiction    in    equity    to    enforce   compliance    with    any 
order  issued  by  the  hoard  under  authority  of  this  section. 

Section  7.     The  hoard  shall,  in  respect  of  steamship  com — in  respect 
panics  serving  as  common  carriers  throughout  the  year  between  steamship 
two  or  more  ports  of  this  commonwealth,  perform  the  same  du-  rampages? 
ties,  including  the  regulation   of  rates  for  transporting   freight    [904;  265! 
or  passengers,  and  including  other  matters  affecting  the  security   ''""'  26fl 
or  convenience  of  the  public,  which  the  said  hoard  is  now  or  may 
hereafter  be  empowered  to  perform  in  the  case  of  railroads  or 
railways.     The  board  may,  upon  the  complaint  of  any  party 
interested,   exercise  over  express  companies,    firms  and    persons 
doing  an  express   business  upon   railroads  or  railways   in   this 


GENERAL    POWERS    AM)    DUTIES    OF    BOARD. 


Board  to 
secure  observ- 
ance of  laws. 
1869,  408,  §  3. 
1*70.  307,  §  5. 
L874,  372,  §  8. 
P.  S.  112    |   l.r>. 
R.  L.  Ill,  §  11. 


Notice  of  nec- 
essary repairs, 

L869,  108,  §  3. 
1874,  :i7L\  §  9. 
P  S.  112,  §  16. 
R.  L.  Ill,  §  15. 
1904,  357,  §  1. 


commonwealth  supervisory  powers  with  regard  to  the  character 
of  accommodations  and  service  furnished,  and  the  reasonable- 
ness of  rates  charged. 

Section  8.  If,  in  the  judgment  of  the  hoard,  a  railroad  cor- 
poration or  street  railway  company  has  violated  a  law,  or  neg- 
lects in  any  respect  to  comply  with  the  terms  of  the  act  by  which 
it  was  created  or  with  the  provisions  of  any  law  of.  this  com- 
monwealth, it  shall  give  notice  thereof  in  writing  to  snch  cor- 
poration or  company;  and  thereafter,  if  snch  violation  or  neg- 
lect continues,  shall  forthwith  present  the  facts  to  the  attorney- 
general  for  his  action. 

Section  9.  If  the  board  is  of  opinion  that  repairs  are  nec- 
essary upon  any  railroad  or  railway,  or  that  an  addition  to  its 
rolling  stock,  or  an  addition  to  or  change  of  its  stations  or  sta- 
tion houses  or  waiting  rooms,  or  a  change  in  its  rates  of  fares 
for  transporting  freight  or  passengers,  or  in  the  mode  of  operat- 
ing its  railroad  or  railway  and  conducting  its  business,  is  reason- 
able and  expedient  in  order  to  promote  the  security,  conven- 
ience and  accommodation  of  the  public,  it  shall  in  writing  in- 
form the  corporation  or  company  of  the  improvements  and 
changes  which  it  recommends  should  be  made. 


Powers  and 
duties  of 
board  of  rail- 
road commis- 
sioners to 
apply  to 
station  of 
Boston 
Terminal 
Company,  etc. 


Acts  of  1901,  Chapter  330. 
An  Act  relative  to  the  Powers  and  Duties  of  the  Board  of  Railroad  Commissioners. 

Section  1.  All  general  laws  defining  the  powers  and  duties  of  the 
board  of  railroad  commissioners  in  reference  to  the  stations  and  prem- 
ises of  railroad  companies,  and  to  the  operation  of  trains  in  connection 
therewith,  shall,  except  as  otherwise  provided  in  chapter  516  of  the 
year  eighteen  hundred  and  ninety-six,  be  applicable  to  the  station  and 
premises  of  the  Boston  Terminal  Company,  and  to  the  operation  of 
trains  in  connection  therewith. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Acts  of  1903,  Chapter  381. 

An  Act  relative  to  the  Laying  out  and   Construction  of  Northern  Avenue  and 
Sleeper  Street  in  the  City  of  Boston. 

Laying  out  Section  1.  .  .  .  Said  avenue  and  street  shall  be  highways :  provided, 

and  construct-  .  ...... 

ing of  Northern  however,  that  the  manner  of  constructing  and  operating  the  railroad 
Sleeper  street  track  in  and  across  the  same,  and  the  highway  traffic  and  travel  upon 
in  Boston.  aiK|  other  nses  0f  Northern  avenue  shall  be  regulated  and  the  location 

of  tracks  along  said  avenue  and  street  shall  be  determined  by  the  board 
of  railroad  commissioners,  who,  having  due  regard  to  the  intent  and 
purpose  hereof,  shall  in  writing  from  time  to  time  prescribe  the  regula- 
tions, and  may  change  or  modify  the  same. 

ofXcon!Stionn  Section  10.     Upon  the  application  of  the  board  of  aldermen 

i869a4os  u    °^  a  C^V  or  *ne  selectmen  of  a  town  within  which  a  part  of  any 

p87s'iif'f  i?"  r;,^roa(l  or  railway  is  located,   alleging  grounds  of  complaint, 

a.  l.  ni'.lie!  the  board  shall  examine  the  condition   and  operation  of  such 

railroad  or  railway;   and  if,  upon  the  petition  in  writing  of 

twenty  or  more  legal  voters  in  snch  city  or  town  to  the  board  of 

aldermen  or  selectmen  to  make  snch  application,  they  refuse  so 

to  do,  they  shall  indorse  upon  the  petition  the  reason  of  such 


so 


[See  page  8,  §  9.] 
1909. 
Chapter  343. 
An  Act  to  authorize  the  Board  of  Railroad   Commissioners  to  recommend  Re- 
locations of  Stations  of  Railroad  Corporations  and  Street  Railway  Companies. 

Section  nine  of  Part  I  of  chapter  four  hundred  and  sixty-three  of  1906,  463, 
the  acts  of  the  year  nineteen  hundred  and  six  is  hereby  amended  by  amended.  ' 
inserting  after  the  word  ''change",  in  the  third  line,  the  words:  —  or 
relocation,  —  so  as  to  read  as  follows  :  —  Section  9.     If  the  board  is  Relocation  of 
of  opinion  that  repairs  are  necessary  upon  any  railroad  or  railway,  or  statlons'  etc- 
that  an  addition   to  its  rolling  stock,  or  an  addition  to  or  change  or 
relocation  of  its  stations  or  station  houses  or  waiting  rooms,  or  a  change 
in  its  rates  of  fares  for  transporting  freight  or  passengers,  or  in  the  ' 
mode  of  operating  its  railroad  or  railway  and  conducting  its  business, 
is   reasonable   and   expedient   in    order   to   promote   the   security,   con- 
venience and  accommodation  of  the  public,  it  shall  in   writing  inform 
the  corporation  or  company  of  the  improvements  and  changes  which  it 
recommends  should  be  made.     [Approved  April  30,  1909. 


GENERAL    POWERS    AND    DUTIES    OF    BOARD.  \) 

refusal,  and  return  it  to  the  petitioners,  who  may,  within  ten 
days  thereafter,  present  it  to  the  board,  and  it  may  thereupon 
make  such  examination  as  if  called  upon  by  the  board  of  alder- 
men or  the  selectmen,  first  giving  to  the  petitioners  and  to  the 
corporation  or  company  reasonable  notice  in  writing  of  the  time 
and  place  of  making  such  examination.  If,  upon  such  examina- 
tion, it  appears  to  the  board  that  the  complaint  is  well  founded, 
it  shall  so  adjudge,  and  shall  in  writing  inform  the  corporation 
or  company  which  operates  such  railroad  or  railway  of  its  ad- 
judication. 

Section  11.     The  board  shall  investigate  the  causes  of  any  investigation 
accident  on  a  railroad  or  railway  which  results  in  loss  of  life ;  1869, 4os,  §  14. 

and  of  other  accidents  which,  in  its  judgment,  require  investiga-  i874|  372,  §  11. 
.  j      b  ^1  o      p  g  112  §  18 

tion.  R.  L.  Ill,  §17. 

Section  12.     An  employee  may  make  complaint  in  writing  Complaints  by 

,       ,  i       <t         t    /»  •        i  i  i  •  i  •     employees. 

to  the  board  of  a  defect  m  the  ways,  works,  machinery  or  appli-  1894,  535,  §  6. 
ances  of  a  railroad  or  railway,  and  the  name  of  the  complainant  r.l!ih,'5  is. 
shall  not  be  divulged. 

Section  13.     Every  railroad  corporation  and  street  railway  information 
company  shall,  upon  request,  furnish  to  the  board  any  informa-  railroads  and 
tion  which  may  be  required  by  it  relative  to  the  condition,  man-  i8r69*408W§a6S' 
agement  and  operation  of  the  railroad  or  railway,  and  copies  of  p8's.'n2,'§  19. 
all  leases,  contracts  and  agreements  for  transportation  with  ex-  R- L-  m- §  19- 
press  companies  or  otherwise  to  which  such  corporation  or  com- 
pany is  a  party,  and  also  with  the  rates  for  transporting  freight 
and  passengers  upon  its  railroad  or  railway  and  other  railroads 
or  railways  with  which  its  business  is  connected. 

Section  14.     JSTo  request  or  advice  of  the  board  shall  in  any  Effect  of 
manner  impair  the  legal  duties  and  obligations  of  a  railroad  board. 
corporation  or  street  railway  company  or  its  legal  liability  for  1874!  372!  §  13! 
the  consequences  of  its  acts  or  of  the  neglect  or  mismanagement  r. l. ni', 1 20! 
of  any  of  its  agents  or  servants. 

Section  15.     The  board  shall  from  time  to  time  in  each  year  Annual  exam- 
examine  the  books  and  accounts  of  every  corporation  or  com-  books  and 
pany  which  operates  a  railroad  or  railway,  and  require  them  to  i876, 185,  §  2. 
be  kept  in  a  uniform  manner  and  upon  the  system  prescribed  by  R.L.iii',|  in! 
the  board.     Statements  of  the  doings  and  financial  condition  of 
the  several  corporations  and  companies  shall  be  prepared  and 
published  at  such  times  as  the  board  shall  consider  expedient. 

Section  1G.     Upon  the  application  in  writing  of  a  director,  ptherexam- 

1  »,  .0,  ~     i        inations  of 

or  of  anv  person  or  persons  who  own  one  fiftieth  part  ot  the  books  and 

.,.'..  .        V,  , .  i   •    i  financial  con- 

paid-m  capital  stock  of  a  corporation  or  company  wlneli  operates  dition 
a  railroad  or  railway,  or  who  own  the  bonds  or  other  evidences  P  s'.'n-il's  •_>■_•. 
of  indebtedness  of  such  corporation  or  company  equal  in  amount  RL111-&- 
to  one  fiftieth  part  of  its  paid-in  capital  stock,  the  board  shall 
examine  the  books  and  the  financial  condition  of  said  corpora- 
tion or  company,  and  shall  cause  the  result  of  such  examination 
to  be  published  in  one  or  more  daily  newspapers  in  the  city  of 
Boston. 

Section  17.     The  board  shall  at  all  times  have  access  to  the  Board  to  have 
list  of  stockholders  of  every  corporation  or  company  which  op-  ofstock- 

Imlders. 


\(j  GRADE    CROSSINGS. 

1876, 185,  §  5.  erates  a  railroad  or  railway,  and  may  at  any  time  cause  the  said 
h.  l.  nT,  §  23!  list  or  a  part  thereof  to  be  copied  for  its  information  or  for  the 
^s'j'  information  of  the  stockholders  of  such  corporation  or  company. 
^orations'  Section  18.  A  railroad  corporation  or  street  railway  corn- 
er refusing  to  1)anv  which   refuses  to  submit  its  books  to  the  examination  of 

submit  books,         ,       ',  ,  ■,  ■,  1  .1 

etc.  the  board,  or  unreasonably  neglects  to  keep  its  accounts  in  the 

p.  s.' 112,' §  24.  method  prescribed  by  the  board,  shall  forfeit  not  more  than  five 

thousand  dollars  for  every  such  refusal  or  neglect. 
Commission-  Section  19.     In  all  cases  investigated  and  inquiries  made  by 

summon  the  board  and  in  all  proceedings  before  it,  any  member  thereof 

witnossps.  *^ 

1877,  L94,  §  1.   may  summon  witnesses  in  behalf  of  the  commonwealth  and  may 
1901,  286.    '  /  administer  oaths  and  take  testimony.     The  fees  of  such  witnesses 
for  attendance  and  travel  shall  be  the  same  as  for  witnesses  be- 
fore the  superior  court,  and  shall  be  paid  by  the  commonwealth 
upon  the  certificate  of  the  board  filed  with  the  auditor. 

Revised  Laws,  Chapter  175,  §  10. 

Enforcement  Section  10.    A  justice  of  the  supreme  judicial  court  or  of  the  superior 

by  courts.  court,  upon  the  application  of  a  tribunal  which  is  authorized  to  sum- 

p  s.'ll2,'§25.  mon  but  not  to  compel  the  attendance  of  witnesses  and  the  giving  of 

1891 '  140  testimony  before  it,  may,  in  his  discretion,  compel  the  attendance  of  such 

1901!  2S6.    _  witnesses  and  the  giving  of  testimony  before  any  such  tribunal,  in  the 

175  Mass!  179!  same  manner  and  to  the  same  extent  as  before  said  courts. 

Board  to  pre-         Section  20.     The  board  shall  prescribe  the  form  for  the  an- 

sonbe  forms  1  i      i  -i  i  •  i  -i 

of  returns.         nual  returns  to  be  made  bv  railroad  corporations  and  street  rail- 

1857,  240,  §  4.  .  <•  .  ■  .  •  i  l  i       j 

g  s.  63,  §  145.  way  companies,  may,  from  time  to  tune,  make  changes  and  ad- 

lSf»4    229    §  42  • 

i87o!  307',       '  ditions  in  such  form,  and  shall  give  to  the  corporations  and 
1871,  381,  §  54.  companies  one  year's  notice  of  any  changes  or  additions  which 
1I76, 173. S 15'  require  an  alteration  in  the  method  or  form  of  keeping  their 
fj^"§159  §  26;  require  an  alteration  in  the  method  or  form  of  keeping  their  ac- 
is89,  328, §|    counts.     It  may  change  the  form  of  returns  of  railroad  corpora- 
r.  l.  112!  §  94.  tions  to  conform  to  the  form  of  returns  required  by  the  interstate 
commerce  commission,  if  it  gives  to  such  corporations  one  month's 
notice  of  such  change ;  and  shall  annually,  on  or  before  the  fif- 
teenth day  of  June,  furnish  to  railroad  corporations,  and  annu- 
ally, on  or  before  the  fifteenth  day  of  September,  furnish  to 
street  railway  companies,  blank  forms  of  returns.     If  a  return 
is  defective  or  appears  to  be  erroneous,  the  board  shall  notify 
the  corporation  or  company  to  amend  it  within  fifteeen  days. 
The  original  of  each  return  or  amended  return,  subscribed  and 
sworn  to  by  the  directors,  treasurer  and  chief  accounting  officer 
of  the  corporation  or  company,  shall  be  preserved  in  the  office 
of  the  board. 

GRADE    CROSSINGS. 

togs  regulated.  Section  21.  A  street  railway  shall  not  be  constructed  across 
tin;  ii?!  I  *e!  the  tracks  of  a  railroad  nor  shall  a  railroad  be  constructed  across 
'sir,  496  Vi°  ^ne  ^rac^s  °f  a  street  railway  at  the  same  level  therewith  with- 
it  i,  112,  §63.  ont  the  consent  of  the  board  of  railroad  commissioners. 
boTrTo7icToss-y  Section  22.  In  any  case  in  which  the  consent  or  approval  of 
oog  the  board  of  railroad  commissioners  which  may  be  required  by 

it.  l.  111,  §  27.  l;iw  for  any  crossing  at  grade  is  given,  said  board  may,  after 


106 


1908. 

Chapter  599. 
An  Act  to  extend  the  Authority  of  the  Board  of  Railroad  Commissioners  over 
Persons  and  Corporations  engaged  in  the  Express  Business  upon  Railroads 
and  Railways. 

Section  1.     Every  person,  firm,  association  or  corporation  doing  an  Returns  of 

,  ...  -it  -l  ■        ,,  •  persons,  etc., 

express  business  upon  either  a  railroad  or  railway  in  this  common-  doing  an  ex- 
wealth  shall  annually,  on  or  before  the  first  Wednesday  in  November,  press  busmess- 
transmit  to  the  board  of  railroad  commissioners  a  return  of  his  or  its 
doings  for  the  3Tear  ending  on  the  thirtieth  day  of  the  preceding  Sep- 
tember, said  return  to  be  under  oath  of  such  person  or  of  the  financial 
officer  or  representative  of  such  firm,  association  or  corporation.  The 
return  shall  set  forth  copies  of  all  contracts  made  during  the  year  with 
other  persons,  firms,  associations  or  corporations  doing  a  transporta- 
tion or  express  business  upon  any  railroad  or  railway  in  the  common- 
wealth, and  shall  give  complete  information  in  reply  to  the  questions 
presented  in  the  form  for  such  return  which  shall  be  prescribed  by  the 
board. 

Section  2.  If  a  return  made  under  the  provisions  of  the  preceding  Amendment 
section  appears  to  be  defective  or  erroneous,  the  board  shall  require 
the  person,  firm,  association  or  corporation  making  it  to  amend  it 
within  fifteen  days.  A  person,  firm,  association  or  corporation  neglect-  Penalty, 
ing  to  make  a  return  as  herein  required  or  to  amend  it  when  requested 
so  to  do  shall  forfeit  twenty-five  dollars  for  each  day  during  which 
such  neglect  continues. 

Section  3.  Every  person,  firm,  association  or  corporation  doing  an  information 
express  business  upon  a  railroad  or  railway  in  this  commonwealth  shall,  board, 
upon  request,  furnish  to  the  board  of  railroad  commissioners  full  in- 
formation relative  to  the  character  or  conduct  of  such  business,  the 
service  that  is  furnished  and  the  rates  that  are  charged,  the  names  of 
the  persons  engaged  in  the  business,  and  the  relations  existing  with 
any  other  person,  firm,  association  or  corporation  conducting  a  trans- 
portation or  express  business  upon  a  railroad  or  railway. 

Section  4.     The  board  upon  its  own  initiative  or  upon  the  request    Etecommenda- 

.  .  .  ......  tions  as  to 

of  any  person  after  a  public  hearing  and  investigation,  if  it  is  of  the  rates,  accom- 
opinion  that  a  change  in  the  rates  charged  or  accommodations  furnished  mo' 
by  any  person,  firm,  association  or  corporation  doing  an  express  busi- 
ness upon  a  railroad  or  railway  in  this  commonwealth,  or  in  the  method 
in  which  the  business  is  conducted,  is  reasonable  and  expedient,  in 
order  to  promote  the  convenience  and  accommodation  of  the  public, 
shall  in  writing  inform  such  person,  firm,  association  or  corporation  of 
the  change  which  it  recommends  should  be  made.  [Approved  June  8, 
1908. 


10c 


1906.  463. 
part  I.  §  23, 
amended. 


Alteration  of 
crossings. 


1906,  463, 
part  I,  §  25, 
amended. 


Award  to  be 
made  by  a 
special 
commission. 


1908. 

Chapter  542. 

An  Act  further  to  define  the  Duties  of  County  Commissioners  in  the  Alteration 

of  Crossings. 

Section  1.  Section  twenty-three  of  Part  I  of  chapter  four  hundred 
and  sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six  is 
hereby  amended  by  inserting  after  the  word  "  board  ",  in  the  seven- 
teenth line,  the  words :  —  This  proceeding  may  include  any  case  where 
there  is  need  of  the  rebuilding  of  a  highway  bridge  or  any  structural 
change  or  renewal  for  the  purpose  of  strengthening  or  improving  it, 
—  and  by  inserting  after  the  word  "  building  ",  in  the  twentieth  line, 
the  words :  —  rebuilding,  changing,  renewing,  —  so  as  to  read  as  fol- 
lows :  —  Section  23.  If  a  public  way  and  a  railroad  cross  each  other, 
and  the  board  of  aldermen  of  the  city  or  the  selectmen  of  the  town  in 
which  the  crossing  is  situated,  or  the  directors  of  the  railroad  corpora- 
tion, or  the  directors  of  a  street  railway  company  having  tracks  on  the 
said  way  are  of  opinion  that  it  is  necessary  for  the  security  or  con- 
venience of  the  public  that  an  alteration  which  does  not  involve  the 
abolition  of  a  crossing  at  grade  should  be  made  in  the  crossing,  the 
approaches  thereto,  the  location  of  the  railroad  or  way,  or  in  a  bridge 
at  the  crossing,  they  shall  apply  to  the  county  commissioners,  or,  if  the 
crossing  is  situated  in  the  city  of  Boston,  to  the  board  of  railroad  com- 
missioners, who  shall,  after  public  notice,  hear  all  parties  interested, 
and,  if  they  decide  that  such  alteration  is  necessary,  shall  prescribe  the 
manner  and  limits  within  which  it  shall  be  made,  and  shall  forthwith 
certify  their  decision  to  the  parties  and  to  said  board.  This  proceed- 
ing may  include  any  case  where  there  is  need  of  the  rebuilding  of  a 
highway  bridge  or  any  structural  change  or  renewal  for  the  purpose  of 
strengthening  or  improving  it.  In  case  any  street  railway  company 
is  authorized  to  lay  and  use  tracks  upon  the  said  way,  the  said  com- 
pany shall  bear  such  part  of  the  expense  of  building,  rebuilding, 
changing,  renewing,  repairing  or  improving  a  bridge  forming  a  part 
of  said  way,  or  of  altering  or  improving  the  approaches  thereto,  as 
shall  be  deemed  to  be  just  by  the  commission  provided  for  in  sections 
twenty-five  and  twenty-six. 

Section  2.  Section  twenty-five  of  Part  I  of  said  chapter  is  hereby 
amended  by  inserting  after  the  word  "  such ",  in  the  sixth  line,  the 
words :  —  bridge  or,  —  and  by  inserting  after  the  word  "  such  ",  in 
the  twenty-first  line,  the  words :  —  bridge  or  crossing  and,  —  so  as  to 
read  as  follows :  —  Section  25.  A  special  commission  of  three  disin- 
terested persons,  who  shall  be  appointed  as  provided  in  the  following 
section,  shall  determine  which  party  shall  carry  such  decision  into  effect 
and  which  party  shall  pay  the  charges  and  expenses  of  making  such 
alteration  and  the  future  charges  for  keeping  such  bridge  or  crossing 
and  the  approaches  thereto  in  repair,  as  well  as  the  costs  of  the  appli- 
cation to  the  county  commissioners,  or  the  board  of  railroad  commis- 
sioners, and  of  the  hearing  before  said  special  commission ;  and  it  may 
apportion  all  such  charges,  expenses  and  costs  between  the  railroad 
corporation,  the  street  railway  company  having  tracks  on  said  way, 
and  the  counties,  cities  or  towns  in  which  said  crossing  is  situated  and 
other  cities  and  towns  which  may  be  specially  benefited.  .  If  a  street 


railway  company  is  authorized  to  lay  and  use  tracks  upon  any  bridge 
in  a  highway  which  is  built  or  repaired  or  altered  as  above  provided 
for,  or  the  approaches  to  which  are  altered  or  improved  as  above  pro- 
vided for,  the  said  commission  shall  determine  what  part  of  the  charges 
and  expenses  of  making  such  changes  or  improvements,  or  of  keeping 
such  bridge  or  crossing  and  approaches  in  good  condition,  shall  be 
paid  by  the  said  street  railway  company.     [Approved  May  26,  1908. 


10d 


11a 


1906.  463, 
part  I,  §  23, 
amended. 


Alteration  of 

crossings. 
Board  to  act, 
when. 


Mystic  avenue 
bridge,  etc. 


[See  page  11,  §  23.] 

1909. 

Chapter  47. 

An  Act  further  to  define  the  Duties  of  County  Commissioners  in  the  Alteration 

of  Crossings. 

Section  1.  Section  twenty-three  of  Part  I  of  chapter  four  hundred 
and  sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six,  as 
amended  by  section  one  of  chapter  rive  hundred  and  forty-two  of  the 
acts  of  the  year  nineteen  hundred  and  eight,  is  hereby  further  amended 
by  inserting  after  the  word  "  situated  ",  in  the  twelfth  line,  the  words : 
—  in  whole  or  in  part,  —  so  as  to  read  as  follows :  —  Section  23.  If 
a  public  way  and  a  railroad  cross  each  other,  and  the  board  of  alder- 
men of  the  city  or  the  selectmen  of  the  town  in  which  the  crossing  is 
situated,  or  the  directors  of  the  railroad  corporation,  or  the  directors  of 
a  street  railway  company  having  tracks  on  the  said  way  are  of  opinion 
that  it  is  necessary  for  the  security  or  convenience  of  the  public  that 
an  alteration  which  does  not  involve  the  abolition  of  a  crossing  at  grade 
should  be  made  in  the  crossing,  the  approaches  thereto,  the  location  of 
the  railroad  or  way,  or  in  a  bridge  at  the  crossing,  they  shall  apply 
to  the  county  commissioners,  or,  if  the  crossing  is  situated,  in  whole 
or  in  part,  in  the  city  of  Boston,  to  the  board  of  railroad  commissioners, 
who  shall,  after  public  notice,  hear  all  parties  interested,  and,  if  they 
decide  that  such  alteration  is  necessary,  shall  prescribe  the  manner  and 
limits  within  which  it  shall  be  made,  and  shall  forthwith  certify  their 
decision  to  the  parties  and  to  said  board.  This  proceeding  may  include 
any  case  where  there  is  need  of  the  rebuilding  of  a  highway  bridge  or 
any  structural  change  or  renewal  for  the  purpose  of  strengthening  or 
improving  it.  In  case  any  street  railway  company  is  authorized  to  lay 
and  use  tracks  upon  the  said  way,  the  said  company  shall  bear  such 
part  of  the  expense  of  building,  rebuilding,  changing,  renewing,  repair- 
ing or  improving  a  bridge  forming  a  part  of  said  way,  or  of  altering 
or  improving  the  approaches  thereto,  as  shall  be  deemed  to  be  just 
by  the  commission  provided  for  in  sections  twenty-five  and  twenty-six. 

Section  2.  The  board  of  railroad  commissioners  shall  have  juris- 
diction of  the  petition  heretofore  filed  with  said  board  for  the  alteration 
and  rebuilding  of  the  bridge  at  the  crossing  of  Mystic  avenue  over 
tracks  of  the  Boston  and  Albany  Railroad  Company  and  the  Boston 
and  Maine  Railroad  therein  described  as  within  the  city  of  Boston, 
notwithstanding  the  fact  that  said  crossing  and  said  bridge  and  its 
abutments  and  approaches  may  be  located  partly  in  the  city  of  Boston 
and  partly  in  the  city  of  Somerville,  as  if  section  one  of  this  act  had 
been  in  force  at  the  date  of  said  petition. 

Section  3.  This  act  shall  take  effect  upon  its  passage.  [Approved 
February  9,  1909. 


ALTERATION    OF    CROSSINGS.  H 

notice  to  the  parties  interested  and  a  hearing,  impose  conditions, 
limitations,  restrictions  and  regulations  relative  to  such  crossing, 
its  construction  and  use,  and  may  from  time  to  time  change  and 
modify  them. 

ALTERATION    OF    CROSSINGS. 

Section  23.     If  a  public  way  and  a  railroad  cross  each  other.  Alteration  of 

and  the  board  of  aldermen  of  the  city  or  the  selectmen  of  the  isTI!^.' 

town  in  which  the  crossing  is  situated,  or  the  directors  of  the  $§f 

railroad  corporation,  or  the  directors  of  a  street  railway  com-  |$'f'|62, 

pany  having  tracks  on  the  said  way  are  of  opinion  that  it  is  nee-  if7]4  3-03'7«> 

essary  for  the  security  or  convenience  of  the  public  that  an  alter-  L©6l   * 

ation  which  does  not  involve  the  abolition  of  a  crossing  at  grade  §  120- 

should  be  made  in  the  crossing,  the  approaches  thereto,  the  loca-  ii.  l'.  hi', 

tion  of  the  railroad  or  way,  or  in  a  bridge  at  the  crossing,  they  1902,  '533.  §  1. 

shall  apply  to  the  county  commissioners,  or,  if  the  crossing  is  ii^Massftij. 

situated  in  the  city  of  Boston,  to  the  board  of  railroad  commis-  J;-",1  Mass.lio! 

sioners,  who  shall,  after  public  notice,  hear  all  parties  interested,  1'ij  ^;,ss-  fsi. 

7  -1        •  i  1  i  lil   .Mass.   13o. 

and,  11  they  decide  that  such  alteration  is  necessary,  shall  pre-  |J,|  Mass.  in- 
scribe the  manner  and  limits  within  which  it  shall  be  made,  and  175  Mass!  430". 
shall  forthwith  certify  their  decision  to  the  parties  and  to  said  its  Mass'.  319.' 
board.     In  case  any  street  railway  company  is  authorized  to  lay 
and  use  tracks  upon  the  said  way,  the  said  company  shall  bear 
such  part  of  the  expense  of  building,  repairing  or  improving  a 
bridge  forming  a  part  of  said  way,  or  of  altering  or  improving 
the  approaches  thereto,  as  shall  be  deemed  to  be  just  by  the  com- 
mission provided  for  in  sections  twenty-five  and  twenty-six. 

Section  24.     If  it  is  decided  that  the  location  of  the  railroad  Li'n<1  ma>'  be 

i?i  in   i  i  iii  i  taken  and 

or  of  the  way  shall  he  changed,  land  or  other  property  may  be  damages 
taken  therefor  according  to  the  provisions  of  law  authorizing  the  1874,305,  §  2; 
taking  of  land  by  railroad  corporations  or  for  highways  or  town  p.  s.  112! 
ways,  as  the  case  may  be;  and  all  damages  caused  by  such  tak-  1885,194, 
ing  or  otherwise  shall  be  assessed  in  the  manner  provided  in  case  r.  f./ni, 
of  the  taking  of  land  by  railroad  corporations,  or  for  highways  fy1^^  135 

and    town   ways,    respectively.      [See  Part  I I,  §§  82-95.]     [See  also  R.L.  48.]        184  Mass.  491. 

Section  25.     A  special  commission  of  three  disinterested  per-  Award  to  be 
sons,  who  shall  be  appointed  as  provided  in  the  following  sec-  specjaicom- 
tion,  shall  determine  which  party  shall  carry  such  decision  into  18 7 2,0262,  §  -2 
effect   and  which  party  shall   pay  the  charges  and  expenses  of  is?!;  175,  §3. 
making  such  alteration  and  the  future  charges  for  keeping  such  fifi.112, 
crossing  and  the  approaches  thereto  in  repair,  as  well  as  the  costs  [|||  ',;!'• 5  *■ 
of  the  application  to  the  county  commissioner-,  or  the  board  of  J;  lr  lll> 
railroad  commissioners,  and  of  the  hearing  before  said  special  1902/533,  §  2. 

.      .  ,    .,  -nii  156  Mass    219. 

commission;  and  it  may  apportion  all  such  charges,  expenses  L64Mass.3ii. 
and  costs  between  the  railroad  corporation,  the  street  railway 
company  having  tracks  on  said  way,  and  the  counties,  cities  or 
(owns  in  which  said  crossing  is  situated  and  other  cities  and 
towns  which  may  be  specially  benefited.  If  a  streel  railway 
company  is  authorized  to  lay  and  use  tracks  upon  any  bridge  in 
a  highway  which  is  built  or  repaired  or  altered  as  above  pro- 
vided for,  or  the  approaches  to  which  are  altered  or  improved  as 
above  provided  for,  the  said  commission  shall  determine  what 


12 


ABOLITION    OF    GRADE    CK<  »SI  \<  ;S. 


Special  com- 
mission, ap- 
pointment of. 

1>7_>.  262, 

L8      ,  372,  §  99. 

L875,  231,  |  1. 

L876,  '-'1-'. 

1878,  I7."».  §  1. 

P.  S    112. 

§  L32. 

1885,  194,  §  5. 

I !    i     111, 

§  137. 

L902    533,  §  3. 

im  Mass.  491. 


Revision  by 

jury. 

1875,  231, 

U  2,  3. 

1878,  175,  §  2. 

P.  S    112, 

§  133. 

R.  L.  Ill, 

§  138. 

L48  Mass.  171. 

156  Mass.  217. 

1S4  Ma-.   191. 


Recovery  after 
alteration  of 
proportion  of 
expense. 
L872,  _' t  i  _' 
1874.  372 

5  loi. 

1'.  S.  112, 

i:   l.  ill, 
§  139. 

6  Cush.  424 


§5. 


part  of  the  charges  mid  expenses  of  making  such  changes  or  im- 
provements, or  of  keeping  such  approaches  in  good  condition, 
shall  be  paid  by  the  said  street  railway  company. 

Section  26.  Upon  the  application  of  the  county  commission- 
ers, the  board  of  railroad  commissioners,  the  board  of  aldermen, 
the  selectmen  or  the  directors  of  the  railroad  corporation  or  of 
tin-  streel  railway  company  for  the  appointmenl  of  such  com- 
mission, the  superior  court  shall  cause  notice  thereof  to  be  given 
to  the  other  parties  interested  fourteen  days  at  least  before  the 
time  fixed  for  the  hearing;  and  thereupon,  after  a  hearing,  shall 
appoint  such  commission,  one  member  of  which  shall  be  a  mem- 
ber of  and  designated  by  the  board  of  railroad  eommissioners. 
The  special  commission  shall  meet  as  soon  as  may  be  after  its 
appointment,  and,  after  notice  to  and  a  hearing  of  the  parties, 
shall  make  its  award  in  writing  and  return  the  same  into  said 
court. 

Section  27.  A  party  who  is  aggrieved  by, said  award  may. 
within  fourteen  days  after  it  has  been  so  returned,  apply  to 
the  court  for  a  jury  to  revise  and  determine  any  matter  of  fact 
found  therein;  and  thereupon  the  court,  after  notice  to  all  par- 
ties interested,  shall  order  a  trial  by  jury  in  the  same  manner 
as  civil  cases  are  tried  by  jury.  The  decree  of  the  court  upon 
said  award  or  upon  the  verdict  of  a  jury  shall  be  final  and  bind- 
ing, and  said  court  shall  have  jurisdiction  in  equity  to  enforce 
compliance  therewith,  and  also  to  issue  and  enforce  such  inter- 
locutory decrees  and  orders  as  justice  may  require. 

Section  28.  The  party  designated  for  that  duty,  having 
carried  into  effect  the  decision  of  the  county  commissioners, 
may,  in  an  action  of  contract,  recover  of  any  other  party  the 
proportion  awarded  to  be  paid  by  such  other  party,  with  inter- 
est; and  if  the  party  so  designated  unreasonably  neglects  or 
refuses  to  carry  the  decision  into  effect,  any  other  party  who  is 
affected  by  such  neglect  or  refusal  may  proceed  to  do  it,  and 
may,  in  an  action  of  contract,  recover  from  each  or  all  of  the 
others  the  proportion  awarded  to  be  paid  by  him  or  them,  re- 
spectively, and  from  the  party  so  neglecting  or  refusing,  all 
charges,  expenses  and  costs  occasioned  thereby. 


Chapter  appli- 
cable to  rail- 
roa  1  crossings. 
1884,  280. 


Revised  Laws,  Chapter  50,  §  14. 
Section  14.  The  previsions  of  this  chapter  shall  apply  to  any 
alteration  of  a  highway,  townway,  bridge  or  its  approaches,  which  arc 
made  in  pursuance  of  sections  one  hundred  and  thirty-four  to  one 
hundred  and  thirty-nine,  inclusive,  of  chapter  one  hundred  and  eleven. 
[Now  1906,  463,  Part  I,  §§  23-28.] 


Commission 
to  abolish 
grade  cross- 
ing, 
iss.y  194,  §  1. 

1890,  428, 
§§  1.  11. 

1891,  202. 
1894,  216. 


ABOLITION    OF    GRADE    CROSSINGS. 

Section  20.  The  board  of  aldermen  of  a  city  or  the  select- 
men of  a  town  in  which  a  public  or  private  way  and  a  railroad 
cross  each  other  at  grade,  the  directors  of  the  railroad  corpo- 
ration, or  the  directors  of  a  street  railway  company  having  a 
Location  in  the  part  of  such  public  way  where  the  crossing  ex- 


12b 


1908. 
Chapter  372. 
An  Act  relative  to  Proceedings  for  the  Abolition  of  Grade  Crossings. 
Section  1.     The  attorney-general  is  hereby  authorized  to  employ  a  Engineer 
competent   civil   engineer   at   an   expense   not   exceeding   five   thousand  '"  examine 

.  &  l  &  grade  crossing 

dollars  in  any  one  year,  who  shall  under  his  direction  examine  the  plans,  etc. 
plans  submitted  to  commissioners  for  the  abolition  of  grade  crossings, 
the  actual  work  of  construction,  and  the  accounts  of  expenditures  sub- 
mitted to  audit i »rs  therein,  and  shall  perform  such  other  duties  in  con- 
nection with  proceedings  for  the  abolition  of  grade  crossings  as  may 
be  assigned  to  him. 

Section  2.     Reports   of  commissioners  appointed   under  the  provi-  Reports  to  be 
sions  of  section  twenty-nine  of  Part   I  of  chapter  four  hundred  and  f^d  wlthout 
sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six,  to  abolish 
grade  crossings,  and  decrees  of  court  affirming  the  same,  may  be  filed 
in  the  registries  of  deeds  for  the  several  counties  without  the  payment 
of  any  fee  therefor. 

Section  3.     This  act  shall  take  effect  upon  its  passage.     [Approved 
April  8,  1908. 

[Above  chapter  amended.] 

1909. 

Chapter  429. 

An  Act  relative  to  Proceedings  for  the  Abolition  of  Grade  Crossings. 

Section  1.     Section  two  of  chapter  three  hundred  and  seventy-two  l90gi  372, 
of  the  acts  of  the  year  nineteen  hundred  and  eight  is  hereby  amended  ;",1,'M<1'"' ' 
by  inserting  after  the  word  "filed",  in   the  fifth    line,   the   words:  — 
and   recorded,  —  so   as   to   read   as   follows: — Section   2.      Reports   of  Reports 
commissioners  appointed  under  the   provisions  of  section   twenty-nine  out  fee. 
of  Part  I  of  chapter  four  hundred  and  sixty-three  of  the  acts  of  the 
year  nineteen  hundred  and  six,  to  abolish  grade  crossings,  and  decrees 
of  court  affirming  the  same,  may  be  filed  and  recorded  in  the  registries 
of  deeds  for  the  several  counties  without  the  payment  of  any  fee  there- 
for. 

Section  2.    This  act  shall  take  effect  upon  its  passage.     [Approved 
Mail  21,  1909. 


ABOLITION    OF    GRADE    CROSSINGS.  13 

ists,  or,  upon  instructions  from  the  governor  and  council  given  iS97,  264. 
after  notice  to  parties  interested  and  a  hearing,  the  attorney-  §  149. 

1  .ci  i.'4.-  •       n  •  4.       *    *.-  tU    i.    1902.440.M. 

general,  may  tile  a  petition  in  the  superior  court,  stating  thai  i53Mass.i6i, 
the  petitioners  are  of  opinion  that  it  is  necessary  for  the  security  l'54'Maas.  111 
and  convenience  of  the  public  that  an  alteration  should  be  so  \q\  ^\\  _;'-") 
made  in  such  crossing,  in  the  approaches  thereto,  in  the  location  i||  mSs  160' 
of  the  railroad  or  public  or  private  way,  or  in  the  grades  thereof, 
as  to  avoid  a  crossing  at  grade,  or  that  such  crossing  should  be 
discontinued  with  or  without  building  a  new  way  in  substitu- 
tion therefor.  Said  court  shall  thereupon  have  jurisdiction  in 
equity,  after  notice  by  the  petitioners  to  the  board  of  railroad 
commissioners  of  the  entry  of  such  petition,  and  after  such  no- 
tice by  advertisement  or  otherwise  as  said  court  shall  order  and 
a  hearing,  in  its  discretion,  to  appoint  a  commission  of  three 
disinterested  persons.  Such  commission  appointed  after  the  pas- 
sage of  this  act,  shall,  if  the  parties  so  agree,  consist  of  the  mem- 
bers of  the  board  of  railroad  commissioners,  and  they  shall  serve 
without  compensation  other  than  their  official  salaries ;  and  no 
consent  shall  be  required  of  them  as  the  board  of  railroad  com- 
missioners to  their  decisions  as  such  commission  under  the  pro- 
visions of  section  thirty-six.  U])on  all  petitions  hereafter  filed, 
and  upon  all  now  pending  on  which  no  commission  has  been  ap- 
pointed, for  the  abolition,  discontinuance  or  alteration  of  grade 
crossings,  any  street  railwTay  company  having  a  location  in  the 
part  of  the  public  way  where  the  crossing  exists,  shall  be  made 
a  party  and  entitled  to  be  heard  as  such. 

Section  30.  A  party  bringing  a  petition  under  the  provi-  igo^'ogs  *  x 
sions  of  the  preceding  section  shall  be  entitled  to  have  taxed  as 
costs  as  in  other  civil  cases  the  fees  for  service  and  cost  of  pub- 
lication of  such  petition,  the  fees  for  entry  of  the  same  in  the 
superior  court,  together  with  all  costs  of  hearing  before  the  su- 
perior or  supreme  judicial  court,  or  before  any  auditor  or  master 
appointed  by  said  courts. 

Section  31.     A  party  incurring  the  expense  of  making  plans  Same. 

.        ,   ,  '.      .•  .    f  ,  1  '  .  '      '    .  1902,  298,  §  2. 

required  by  a  commission  appointed  under  section  twenty-nine. 
or  for  use  in  the  superior  or  supreme  judicial  court  concerning 
any  grade  crossing,  the  abolition,  discontinuance  or  alteration  of 
which  is  petitioned  for,  may  in  the  discretion  of  the  court  have 
the  cost  of  such  plans  allowed. 

Section  o2.     The  fees  and  expenses  of  the  commission  an-  payment 

1905   408    5  1. 

pointed  under  the  provisions  of  section  twenty  nine,  after  having 
been  approved  by  a  justice  of  the  superior  court,  shall  be  paid, 
in  the  first  instance,  by  the  railroad  corporation,  but  the  fees 
and  expenses  so  paid,  including  the  costs  and  expenses  specified 
in  the  two  preceding  sections,  shall  thereafter  be  apportioned  to 
and  paid  by  the  respective  parties  as  provided  by  section  thirty- 
four. 

Section   33.     A   petition   under   the   provisions   of   section  Petitionmay 
twenty-nine  may  include  several  crossings,  or  several  railroads  several  croes- 
erossing  at  or  near  the  same  point,  or  by  order  of  the  court  two  lsld,  428, 
or  more  petitions  may  be  consolidated  and  heard  as  one.     Ser-  [§91,33,  §  1. 


14  ABOLITION   OF    GRADE    CROSSINGS. 

r.  l.  in,         vice  of  such  petition  and  of  all  notices  or  processes  thereunder 
may  be  made  upon  the  commonwealth  by  serving  upon  the  at- 
torney-general personally,  or  by  leaving  in  his  office  an  attested 
copy  thereof. 
fo^res'cribe  Section  34.     The  commission  appointed  under  the  provisions 

^n,?11,6^'^"/-  of  section  twenty-nine  shall  meet  at  once,  and  if,  after  notice 

1890,  42o,  jo-  i  i  •  •        l        ■  t  i  •  -i 

i89i?  33,  §  2.  and  a  hearing,  it  decides  that  the  security  and  convenience  of 
189"!  264.  the  public  require  the  alterations  to  be  made,  it  shall  prescribe 
s  151.  the  manner  and  limits  thereof,  and  shall  determine  which  of  the 

153  Mass.' 576."  parties  shall  do  the  work,  or  shall  apportion  the  work  to  be  done 
uw  Mass!  495.  between  each  of  the  railroad  corporations  and  the  city  or  town. 
172  Mass.  5,  ^he  railroad  corporations  shall  pay  sixty-live  per  cent  of  the 
total  actual  cost  of  the  alterations  as  aforesaid,  including  therein 
in  addition  to  the  cost  of  construction  the  actual  cost  to  the  street 
railway  company  of  changing  its  railway  and  location  to  con- 
form to  the  decree  of  the  court,  the  cost  of  the  hearing,  the  com- 
pensation of  the  commissioners  and  auditors  and  all  damages, 
except  as  otherwise  provided.  Said  commission  may,  subject  to 
a  right  of  appeal  to  the  superior  court  by  the  street  railway  com- 
pany or  by  the  commonwealth  for  a  revision  by  a  jury  of  the 
amount  of  such  assessment,  if  a  claim  therefor  is  filed  in  the 
clerk's  office  of  said  court  within  thirty  days  after  the  making 
of  such  assessment,  assess  upon  any  street  railway  company  made 
a  party  to  the  proceedings  such  percentage  of  said  total  cost,  not 
exceeding  fifteen  per  cent  thereof,  as  may,  in  the  judgment  of 
said  commission  be  just  and  equitable ;  and  such  assessment,  as 
confirmed  by  the  court,  shall  be  in  lieu  of  any  assessment  or 
contribution  required  by  any  special  act  or  grant  of  location. 
The  remainder  of  said  total  cost  shall  be  apportioned  by  the 
commission  between  the  commonwealth  and  the  city  or  town  in 
which  the  crossing  or  crossings  are  situated,  but  not  more  than 
ten  per  cent  of  said  total  cost  shall  be  apportioned  to  such  city 
or  town.  The  commission  shall  equitably  apportion  the  sixty- 
five  per  cent  to  be  paid  by  the  railroad  corporation  between  the 
several  railroads  which  may  be  parties  to  the  proceedings.  If 
the  crossing  was  established  after  the  twenty-first  day  of  June  in 
the  year  eighteen  hundred  and  ninety,  no  part  of  said  cost  shall 
be  charged  to  the  commonwealth ;  and  such  part  thereof  as  be- 
comes thereby  unapportion-able  shall  be  borne  by  the  railroad 
corporation,  the  street  railway  company,  if  any,  and  the  city 
or  town,  in  addition  to  the  other  amounts  payable  by  them,  in 
such  proportions  as  the  commission  shall  determine.  If  the  cross- 
ing is  of  a  railroad  and  a  private  way,  and  no  crossing  of  a  pub- 
lic way  is  abolished  in  connection  therewith,  the  entire  cost  as 
aforesaid  shall  be  paid  by  the  railroad  corporation.  Whenever 
in  any  case  in  which  a  street  railway  company  has  been  required 
to  contribute  to  the  expense  of  abolishing  a  grade  crossing,  any 
of  its  locations  shall  be  so  changed  or  revoked  by  any  board  of 
aldermen  or  selectmen  without  its  consent  as  to  render  impos- 
sible, or  in  the  opinion  of  the  board  of  railroad  commissioners 
unprofitable,  the  further  exercise  of  the  privilege  of  operating 


ABOLITION    OF   GRADE    CROSSINGS.  15 

its  railway  in  the  part  of  the  public  way  where  such  grade  cross- 
ing has  been  abolished,  the  amount  contributed  by  such  company 
to  the  expense  of  abolishing  such  grade  crossing  shall  be  ascer- 
tained by  the  board  of  railroad  commissioners,  and  certified  to 
the  treasurer  of  the  commonwealth,  who  shall  pay  the  same  to 
the  company  from  the  treasury  of  the  commonwealth;  and  any 
amount  so  received  by  the  company  shall  be  expended  only  for 
such  construction  or  equipment  purposes  as  the  board  of  rail- 
road commissioners  shall  approve. 

Section  35.     The  amount  of  any  assessment  upon  or  con-  Assessment 
tribution  by  a  street  railway  company  toward  the  cost  of  abolish-  street  railway 
ing  a  grade  crossing  shall  be  deemed  and  taken  in  all  proceed-  deemed  pan 
ings  thereafter  as  a  part  of  the  value  of  its  property  for  street  ^property, °f 
railway  purposes;  and  such  company  may  issue  stock  or  bonds  1902,  440,  §  7. 
to  such  amount  as  the  board  of  railroad  commissioners  shall, 
subject  to  the  laws  relating  to  the  issue  of  stocks  and  bonds  by 
street  railway  companies,   approve   as  reasonably  necessary  to 
provide  for  the  payment  of  such  assessment  or  contribution. 

Section  36.    The  commission  shall  specify  what  part,  if  any,  Finding  of 
of  an  existing  public  or  private  way  shall  be  discontinued,  the  Contents, 
grade  for  the  railroad  and  the  way,  the  changes  to  be  made  in  1S90,  428,  §  4. 
the  location  and  grades  of  the  street  railway  in  such  public  way,  ifgf ;  216. 
the  general  method  of  construction  and  what  land  or  other  prop-  if9// fn' 
erty  it  considers  necessary  to  be  taken,  and  may  provide  for  the  fgoo2^  5  3 
taking  of  an  easement  in  land  adjoining  the  location  of  a  public  }225v,408ilj- 

P  J        .      P  ■»  163  Mass.  3o6. 

or  private  way  or  of  a  railroad,  consisting  of  a  right  to  have  the  i&>  Mas-,  nc, 

1  .  J  -i        1         •  •  171  Mass.  228. 

land  of  the  location  protected  by  having  the  surface  of  such  ad- 
joining land  slope  from  the  boundary  of  the  location  in  a  man- 
ner specified  by  the  commission,  but  if  such  decision  involves  a 
change  in  the  grade  of  the  railroad  the  consent  of  the  board  of 
railroad  commissioners  to  such  change  shall  first  be  obtained. 
Said  commission  shall  forthwith  return  its  decision  to  the  su- 
perior court,  the  decree  of  which,  confirming  such  decision,  shall 
be  final  and  binding.  If  the  commission  decides  that  the  loca- 
tion of  the  street  railway  shall  be  changed,  the  decree  of  the 
court  confirming  such  decision  shall  establish  the  location  as 
thus  changed.  If  the  commission  decides  that  the  location  <>!" 
the  railroad  or  of  the  public  or  private  way  shall  be  changed, 
the  decree  of  the  court  confirming  such  decision  shall  constitute 
a  taking  of  the  specified  land,  easemenl  <>r  other  property;  and 
the  clerk  of  said  court  shall,  within  thirty  days  a  Tier  such  de 
cree,  cause  a  copy  of  the  decision  and  decree  to  he  tiled  with  the 
county  commissioners  of  the  county  or  counties  in  which  the 
land  or  other  properly  taken  or  the  land  subject  to  the  easement 
taken  and  the  crossing  are  situated,  l<>  he  recorded  in  the  regis- 
try of  deeds  for  the  counties  and  districts  in  which  such  lands, 
property  and  crossings  are  situated,  and  to  he  tiled  with  the 
auditor  of  the  commonwealth.  Said  taking  shall  lie  a  taking  by 
the  city  or  town  if"  the  land  or  easemenl  is  to  he  used  for  or  in 
connection  with  a  public  way,  or  by  the  railroad  corporation 
if  the  land  or  easement  is  to  he  v<c(\  for  or  in  connection  Avith 


16  ABOLITION    OF   GRADE    CROSSINGS. 

a  private  way   or   by   the   railroad   corporation.      An   easement 

taken   under  the   provisions  of  this  section  may  he  abandoned 

or  released  by  the  city,  town  or  railroad  corporation  for  which 

the  same  was  taken. 

1890*428,  §  5.        Section  37.      All  damages  which  may  be  sustained  by  any 

ml'  2ii'         person  in  his  property  by  the  taking  of  land  for  or  by  the  altera- 

is->7,  L-G4  tions  of  the  grade  of  a  public  way,  or  by  an  abutter  thereon  by 

L898,  200.  ii-  •  i»  i  " 

1900,463.         the  discontinuance  of  such  public  way,   to  the  same  extent  as 
§153.    '  damages  arc   recoverable  by  abutters  on  ways  discontinued  by 

L9051  «»!  I  3!    towns,  or  by  the  taking  of  an  easement  in  land  adjoining  a  pub- 
164 Mass! 354!    lic  waJ>  sn;l'l  primarily  be  paid  by  the  city  or  town;  and  all 
!:i  Mass.'IM;    damages  which  may  be  caused  by  the  taking  of  land  for  the  rail- 
i?2Mass  iso    road  or  DJ  *ne  change  or  discontinuance  of  a  private  way,  or  by 
173  Mass.  432.    the  taking  of  an  easement  in  land  adjoining  a  private  way  or  a 
176  Mass!  101!    railroad  location   in  connection  with   the   abolition   of   a  grade 
L85Mass;56o!   crossing  shall   primarily  be  paid  by  the  railroad  corporation; 
and  all  damages  which  may  be  sustained  by  any  person  by  the 
abolition  of  private  ways,  except  as  hereinbefore  provided,  shall 
be  entirely  paid   by  the  railroad  corporation.     If  the  parties 
interested  cannot  agree  upon  said  damages,  any  party  may  have 
the  damages  determined  by  a  jury  in  the  superior  court  for  the 
county   in   which    the   property    and   crossing   are   situated,    on 
petition,  brought  within  one  year  after  the  time  the  property  is 
entered  upon  and  work   actually   begun  thereon,    in   the  same 
manner  as  damages  may  be  determined  which  are  caused  by  the 
taking  of  land  for  the  locating  of  railroads  and  the  laying  out 
or  discontinuance  of  public  ways,  respectively,  in  such  city  or 
town ;  but  all  expense  which  results  from  the  necessary  relocat- 
ing or  changing  of  streams  and  water  courses  forming  the  nat- 
ural drainage  channels  of  the  territory  in  which  alterations  of 
grades  are  authorized  and  of  sewers,  drains  and  pipes  therein 
owned  and  operated  by  municipal  corporations  shall  be  primarily 
paid  by  said  city  or  town,  and  shall  be  a  part  of  the  actual  cost 
of  the  alterations  specified  in  section  thirty-four.     A  party  who 
recovers  damages  in  such  proceedings  shall  also  recover  costs  as 
in  other  civil  cases,  and  the  court  may  in  its  discretion  allow,  as 
a  part  of  such  costs,  the  reasonable  expenses  incurred  for  sur- 
veys and  plans. 
ofalros£nKCand       Section  38.     After  the  completion  of  the  work,  the  expense 
il90°428es§  6    °^  maintenance  and  repair  shall  be  paid  as  follows:  if  the  pub- 
r9l'iii§2'     lie  way  crosses  the  railroad  by  an  overhead  bridge,  the  frame- 
§154.  work  of  the  bridge  and  its  abutments  shall  be  maintained  and 

kept  in  repair  by  the  railroad  corporation,  and  the  surface  of 
the  bridge  and  its  approaches  shall  be  maintained  and  kept  in 
repair  by  the  city  or  town  in  which  they  are  situated;  if  the 
public  way  passes  under  the  railroad,  the  bridge  and  its  abut- 
ments shall  be  maintained  and  kept  in  repair  by  the  railroad 
corporation,  and  the  public  way  and  its  approaches  shall  be 
maintained  and  kept  in  repair  by  the  city  or  town  in  which 
they  arc  situated;  if  several  railroads  cross  a  public  way  at  or 
near  a  given  point,  the  commission  shall  apportion  and  award 


106 


[See  page  16,  §  37 ;  page  17  §  39.] 

1908. 

[Chapter  390.] 

An  Act  relative  to  the  Powers  and  Duties  of  Auditors  in  Proceedings  for  the 

Abolition  of  Grade  Crossings. 

Section'  1.  Section  thirty-seven  of  Part  I  of  chapter  four  hundred  1906-T463. 
and  sixty-throe  of  the  acts  of  the  year  nineteen  hundred  and  six  is  amended, 
hereby  amended  by  inserting  after  the  word  "corporation",  in  the 
seventeenth  line,  the  words:  —  Any  amount  paid  by  way  of  damages 
by  either  the  city  or  town  or  the  railroad  corporation  primarily  liable 
therefor  shall  be  subject  to  investigation  by  the  auditor,  unless  such 
settlements  are  assented  to  in  writing  by  all  parties  to  the  proceeding, 
as  provided  in  section  thirty-nine,  —  so  as  to  read  as  follows:  —  Sec-  Damages. 
lion  37.  All  damages  which  may  be  sustained  by  any  person  in  his 
property  by  the  taking  of  land  for  or  by  the  alterations  of  the  grade 
of  a  public  way,  or  by  an  abutter  thereon  by  the  discontinuance  of 
such  public  way,  to  the  same  extent  as  damages  are  recoverable  by 
abutters  on  ways  discontinued  by  towns,  or  by  the  taking  of  an  ease- 
ment in  land  adjoining  a  public  way,  shall  primarily  be  paid  by  the 
city  or  town;  and  all  damages  which  may  be  caused  by  the  taking 
of  land  for  the  railroad  or  by  the  change  or  discontinuance  of  a  private 
way,  or  by  the  taking  of  an  easement  in  land  adjoining  a  private  way 
or  a  railroad  location  in  connection  with  the  abolition  of  a  grade 
crossing  shall  primarily  be  paid  by  the  railroad  corporation;  and  all 
damages  which  may  be  sustained  by  any  person  by  the  abolition  of 
private  ways,  except  as  hereinbefore  provided,  shall  be  entirely  paid 
by  the  railroad  corporation.  Any  amount  paid  by  way  of  damages 
by  either  the  city  or  town  or  the  railroad  corporation  primarily  liable 
therefor  shall  be  subject  to  investigation  by  the  auditor,  unless  such 
settlements  are  assented  to  in  writing  by  all  parties  to  the  proceeding, 
as  provided  in  section  thirty-nine.  If  the  parties  interested  cannol 
agree  upon  said  damages,  any  party  may  have  the  damages  determined 
by  a  jury  in  the  superior  court  for  the  county  in  which  the  property 
and  crossing  are  situated,  on  petition,  brought  within  one  year  after 
the  time  the  property  is  entered  upon  and  work  actually  begun  thereon, 
in  the  same  manner  as  damages  may  be  determined  which  arc  caused 
by  the  taking  of  land  for  the  locating  of  railroads  and  the  laying  out 
or  discontinuance  of  public  ways,  respectively,  in  such  city  or  town; 
but  all  expense  which  results  from  the  necessary  relocating  or  changing 
of  streams  and  water  courses  forming  the  natural  drainage  channels 
of  the  territory  in  which  alterations  of  grades  are  authorized  and  of 
sewers,  drains  and  pipes  therein  owned  and  operated  by  municipal 
corporations  shall  be  primarily  paid  by  said  city  or  town,  and  shall 
be  a  part  of  the  actual  cost  of  the  alterations  specified  in  section 
thirty-four.  A  party  who  recovers  damages  in  such  proceedings  shall 
also  recover  costs  as  in  other  civil  cases,  and  the  court  may  in  its 
discretion  allow,  as  a,  part  of  such  costs,  the  reasonable  expenses  in 
curred   for  surveys  and  plans. 

Skction  2.     Section  thirty-nine  of  Part   1  of  said  chapter  four  hun     ][H)I;,  ir,.;. 
dred  and  sixty-three  is  hereby  amended  by  inserting  before  the  word  !1',:'1|,,.,l1,. 
"Such",  in  the  ninth  line,  the  words:  —  The  auditor  shall  upon  request 
of  any  of  the  parties  to  the  proceeding  investigate  the  amounts  pre 
sented  for  allowance  by  any  city  or  town   or  any  railroad  corporation 
as  expended  in  the  payment  of  damages  for  land   taken   or  affected 


16c 

by  reason  of  the  proposed  alteration,  which  have  been  paid  by  the 
party  primarily  liable  therefor,  as  provided  in  section  thirty-seven, 
unless  it  appears  that  all  of  the  parties  to  the  proceeding  for  the 
abolition  of  the  grade  crossing  have  assented  in  writing  to  the  pay- 
ment or  settlement  so  made  by  the  party  primarily  liable,  and  in  case 
the  auditor  determines  that  the  amount  so  paid  is  in  excess  of  what 
in  Ins  opinion  should  have  been  properly  paid  therefor,  he  shall  allow 
only  such  portion  of  the  amount  so  paid  as  he  may  deem  to  be  just 
Auditor,  and  reasonable,  —  so  as  to  read  as  follows:  —  Section  39.     The  court 

duties,  shall  app0int  an  auditor,  who  shall  be  a  disinterested  person,  not   an 

compensation.  ^v  _  ... 

inhabitant  of  the  city  or  town  in  which  the  crossing  is  situated,  whose 
compensation  shall  be  determined  by  the  court  and  to  whom  shall  from 
time  to  time  be  submitted  all  accounts  of  expense  incurred  by  the 
railroad  corporations,  street  railway  companies,  if  any,  city,  town, 
commission  or  auditor,  and  who  shall  audit  the  same  and  make  report 
thereon  to  the  court.  The  auditor  shall  upon  request  of  any  of  the 
parties  to  the  proceeding  investigate  the  amounts  presented  for  allow- 
ance by  any  city  or  town  or  any  railroad  corporation  as  expended 
in  the  payment  of  damages  for  land  taken  or  affected  by  reason  of 
the  proposed  alteration,  which  have  been  paid  by  the  party  primarily 
liable  therefor,  as  provided  in  section  thirty-seven,  unless  it  appears 
that  all  of  the  parties  to  the  proceeding  for  the  abolition  of  the  grade 
crossing  have  assented  in  writing  to  the  payment  or  settlement  so  made 
by  the  party  primarily  liable,  and  in  case  the  auditor  determines  that 
the  amount  so  paid  is  in  excess  of  what  in  his  opinion  should  have 
been  properly  paid  therefor,  he  shall  allow  only  such  portion  of  the 
amount  so  paid  as  he  may  deem  to  be  just  and  reasonable.  Such 
auditing,  when  accepted  by  the  court,  shall  be  final.  A  certified  copy 
of  such  report  and  the  decree  of  the  court  thereon  shall  be  filed  with 
the  auditor  of  the  commonwealth.  The  court  shall,  from  time  to  time, 
issue  its  decrees  for  payments  on  the  part  of  the  railroad  corporation 
and  on  the  part  of  any  street  railway  company,  not  exceeding  the 
amounts  apportioned  to  them  respectively  by  said  auditor  in  his  re- 
port, and  for  the  payment  by  the  commonwealth  of  a  sum  not  exceed- 
ing the  amounts  apportioned  to  it  and  to  the  city  or  town ;  and  such 
city  or  town  shall  repay  to  the  commonwealth  the  amount  apportioned 
to  it,  with  interest  thereon,  payable  annually  at  the  rate  of  four  per 
cent  from  the  date  of  the  acceptance  of  the  report  of  the  auditor. 
Such  repayment  of  the  principal  shall  be  made  annually  in  such 
amounts  as  the  auditor  of  the  commonwealth  may  designate;  and  the 
amount  of  payment  designated  for  the  year,  with  the  interest  due 
on  the  outstanding  principal,  shall  be  included  by  the  treasurer  and 
receiver  general  in  the  amount  charged  to  such  city  or  town,  and  shall 
be  assessed  upon  it  in  the  apportionment  and  assessment  of  its  annual 
state  tax.  The  treasurer  and  receiver  general  shall  in  each  year  notify 
such  city  or  town  of  the  amount  of  such  assessment,  which  shall  be 
paid  by  it  into  the  treasury  of  the  commonwealth  as  a  part  of,  and 
at  the  time  required  for,  the  payment  of  its  state  tax.  "When  the  final 
assessment  on  a  city  or  town  has  been  paid  by  it,  the  treasurer  and 
receiver  general  shall  repay  to  it.  in  reduction  of  said  final  payment, 
the  amount  of  interest,  if  any,  which  has  been  assessed  to  and  paid  by 
it  in  excess  of  the  actual  interest  cost  to  the  commonwealth  for  money 
borrowed  for  the  abolition  of  grade  crossings  previous  to  the  payment 
of  said  final  assessment. 

Section  3.     This  act  shall  take  effect  upon  its  passage.     {Approved 
April  11,  1908. 


ABOLITION    OF    GRADE    CROSSINGS.  17 

iii  what  manner  and  proportion  each  of  said  railroad  corpora- 
tions shall  maintain  and  keep  in  repair  the  framework  of  the 
bridge  and  its  abutments  if  the  public  way  crosses  the  railroad 
by  an  overhead  bridge,  and  the  bridge  and  its  abutments  if  the 
public  way  passes  under  said  railroads. 

Section  39.     The  court  shall  appoinl  an  auditor,  who  shall  dutles^com- 
be  a  disinterested  person,  not  an  inhabitant  of  the  city  or  town  '/^"(V1']'.:" '§  7 
in  which  the  crossing  is  situated,  whose  compensation  shall   be  Js!,:,:-  '■^'■•- 

iii  i  i  1      n     ^  ■  •  1»94,  545. 

determined  by  the  court  and  to  whom  shall  from  time  to  time  1898,538. 
be  submitted  all  accounts  of  expense  incurred  by  the  railroad  §  155. 

•i  •  •£  ■'  1902.  440,  §  4. 

corporations,  street  railway  companies,  it  any,  city,  town,  com-  nu  Mass.32. 
mission  or  auditor,  and  who  shall  audit  the  same  and  make  re-  ni  Mass!  117! 
port  thereon  to  the  court.  Such  auditing,  when  accepted  by 
the  court,  shall  be  final.  A  certified  copy  of  such  report  and  the 
decree  of  the  court  thereon  shall  be  filed  with,  the  auditor  of  the 
commonwealth.  The  court  shall,  from  time  to  time,  issue  its 
decrees  for  payments  on  the  part  of  the  railroad  corporation  and 
on  the  part  of  any  street  railway  company,  not  exceeding  the 
amounts  apportioned  to  them  respectively  by  said  auditor  in  his 
report,  and  for  the  payment  by  the  commonwealth  of  a  sum  not 
exceeding  the  amounts  apportioned  to  it  and  to  the  city  or  town ; 
and  such  city  or  town  shall  repay  to  the  commonwealth  the 
amount  apportioned  to  it,  with  interest  thereon,  payable  annu- 
ally at  the  rate  of  four  per  cent  from  the  date  of  the  acceptance 
of  the  report  of  the  auditor.  Such  repayment  of  the  principal 
shall  be  made  annually  in  such  amounts  as  the  auditor  of  the 
commonwealth  may  designate ;  and  the  amount  of  payment  des- 
ignated for  the  year,  with  the  interest  due  on  the  outstanding 
principal,  shall  be  included  by  the  treasurer  and  receiver  gen- 
eral in  the  amount  charged  to  such  city  or  town,  and  shall  be 
assessed  upon  it  in  the  apportionment  and  assessment  of  its 
annual  state  tax.  The  treasurer  and  receiver  general  shall  in 
each  year  notify  such  city  or  town  of  the  amount  of  such  assess- 
ment, which  shall  be  paid  by  it  into  the  treasury  of  the  common- 
wealth as  a  part  of,  and  at  the  time  required  for,  the  payment 
of  its  state  tax.  When  the  final  assessment  on  a  city  or  town 
has  been  paid  by  it,  the  treasurer  and  receiver  general  shall 
repay  to  it,  in  reduction  of  said  final  payment,  the  amount  of 
interest,  if  any,  which  lias  been  assessed  to  and  paid  by  it  in 
excess  of  the  actual  interest  cost  to  the  commonwealth  for  money 
borrowed  for  the  abolition  of  grade  crossings  previous  to  the 
payment  of  said  final  assessment. 

Skction  40.     The  superior  court  shall  have  jurisdiction   in  Enforcement 
equity  to  enforce  compliance   with    the   provisions  of  sections  L890,428,§8 
twenty-nine  to  forty-live,  inclusive,  and  with  the  decrees,  agree    r.  l!  ill! 
nienfs    and    decisions    made    thereunder;    and    may    issue    and   |62 \\ .,.    .-,,,1 
in  force  such  interlocutory  decrees  and  orders  as  justice  may 
require,  and  any  order,  appointment  or  decree  under  the  provi 
sions  of  said  sections  may  be  made  in  any  county. 

Skction  41.     If  the  board  of  aldermen  of  a  city  or  the  selecl     Proc lings 


11 1  ••  -it  1 


men  of  a  town  in  which  a  public  way  and  a  railroad  cross  each  mei 

alterations. 


28  ABOLITION    OF    GRADE    CROSSINGS. 

1S90,  42s  §  9.   other  and  the  directors  of  the  railroad  corporation  are  of  opinion 
§157.  thai  ii  is  necessary  for  the  security  and  convenience  of  the  pub- 

153  Mass.  161.  j.q  t^^{  alterations  should  be  made  in  such  crossing,  in  the  ap- 
proaches thereto,  in  the  location  of  the  railroad  or  public  way 
or  in  the  grades  thereof,  or  in  a  bridge  at  such  crossing,  or  that 
such  crossing  should  be  discontinued  with  or  without  building  a 
new  way  in  substitution  therefor,  and  they  agree  as  to  the  altera- 
tions which  should  be  made,  an  instrument  in  writing  signed, 
in  behalf  of  a  city,  by  the  mayor,  authorized  by  the  board  of 
aldermen,  or,  in  behalf  of  a  town,  by  the  chairman  of  the  select- 
men, authorized  by  the  selectmen,  and  by  the  president  of  the 
railroad  corporation,  authorized  by  its  directors,  specifying  the 
manner  and  limits  within  which  the  alterations  shall  be  made, 
and  by  which  party  the  work  shall  be  done,  or  how  it  shall  be 
apportioned  between  the  city  or  town  and  the  railroad  corpora- 
tion, the  general  method  of  construction,  the  grades  for  the  rail- 
road and  the  public  way  or  ways,  and  also  what  land  or  other 
property  it  is  necessary  to  take,  and  what  portion,  if  any,  of  an 
existing  public  way  is  to  be  discontinued,  and  how  the  cost 
thereof  shall  be  apportioned  between  the  city  or  town  and  the 
railroad  corporation,  shall  lie  valid  and  binding  on  the  city  or 
town  and  the  railroad  corporation,  respectively,  and  have  the 
same  force  and  effect  as  a  decree  of  the  court  under  the  provi- 
sions of  section  thirty-six,  if  the  board  of  railroad  commission- 
ers, after  notice  to  all  parties  interested  by  advertisement  and  a 
public  hearing,  approve  of  the  alterations  set  forth  in  the  agree- 
ment as  necessary  for  the  convenience  and  security  of  the  public. 
Said  approval  by  said  board  shall  constitute  a  taking  of  the 
land  and  other  property  specified  in  the  agreement  as  necessary 
to  be  taken,  and  the  clerk  of  said  board  shall,  within  thirty  days 
after  such  approval,  cause  a  copy  of  the  agreement  and  approval 
to  be  filed  with  the  county  commissioners  of  the  county  or  coun- 
ties in  which  the  land  or  other  property  taken  and  the  crossing- 
are  situated,  to  be  recorded  in  the  registry  of  deeds  for  the  coun- 
ties and  districts  in  which  such  land,  property  and  crossing  are 
situated,  and  also  to  be  filed  with  the  auditor  of  the  common- 
wealth. The  provisions  of  section  thirty-six  relative  to  the  taking 
of  land  under  a  decree  of  the  court  and  of  section  thirty-seven 
relative  to  the  recovery  of  damages  sustained  by  any  person  in 
consequence  of  such  taking,  or  of  the  alterations  made  in  pur- 
suance of  said  decree,  shall  apply  to  the  taking  of  land  and  to 
damages  sustained  under  an  agreement  made  pursuant  to  the 
provisions  of  this  section.  The  crossing  and  approaches  shall  be 
maintained  and  kept  in  repair  as  provided  in  section  thirty-eight. 
If  the  agreement  provides  for  the  abolition  of  a  public  grade 
crossing,  the  board  of  railroad  commissioners  shall  keep  itself 
informed  of  the  progress  and  character  of  the  work  and  of  the 
amounts  reasonably  expended  for  work  done  or  for  damages,  so 
far  as  rendered  necessary  for  the  abolition  of  the  grade  crossing; 
and  for  that  purpose  it  may  employ  any  necessary  agents,  and, 
from  time  to  time  as  it  may  consider  proper,  shall  issue  certified 


ABOLITION'    OF   GRADE    CROSSINGS.  .  19 

statements  of  the  amount  legally  and  properly  expended  for  such 
abolition  of  a  grade  crossing;  and  the  commonwealth  shall  pay 
to  the  parties  entitled  thereto  under  the  agreement  twenty  per 
cent  of  such  expenditure. 

Section  42.     For  the  further  abolition  of  grade  crossings,  in  Payments  by 
accordance  with  the  provisions  of  sections  twenty-nine  to  forty-  wealth?"1' 
five,  inclusive,  an  expenditure  of  rive  million  dollars  by  the  com-  sinking  fund, 
monwealth  is  hereby  authorized.     The  amounts  so  to  be  paid  by  if  93;  tH'. 5 10' 
the  commonwealth  in  any  one  year  shall  not  exceed  five  hundred  if9,6-.?39, 
thousand  dollars,  but  if  in  any  one  year  the  expenditure  by  the  r;fen1, 
commonwealth  shall  not  amount  to  five  hundred  thousand  dol-  1902,  440,  §  5. 
lars,  the  unexpended  remainder  thereof  shall  be  added  to  the  five  305.] ' 
hundred  thousand  dollars  allowed  to  be  paid  by  ir  in  any  subse- 
quent year.     In  computing  the  amount  paid  and  to  be  paid  by 
the  commonwealth,  the  amounts  apportioned. to  cities  and  towns 
and  advanced  by  the  commonwealth  under  the  provisions  of  sec- 
tion thirty-nine  shall  not  be  included.     To  meet  the  expenditure 
hereby  authorized,  the  treasurer  and  receiver  general,  with  the 
approval  of  the  governor  and  council,  shall  issue  scrip  or  cer- 
tificates of  indebtedness  to  an  amount  not  exceeding  five  million 
dollars  as  an  addition  to  the  Abolition  of  Grade  Crossings  Loan,  Abolition  of 
and  shall  add,  in  the  manner  provided  in  section  one  hundred  mgsioan. s 
and  fifty-eight  of  chapter  one  hundred  and  eleven  of  the  Revised  fissf'see'111' 
Laws,  to  the  existing  sinking  fund  to  provide  for  the  payment  of  bduwl 
the  same.     Such  scrip  or  certificates  of  indebtedness  shall  be 
issued  as  registered  bonds,  bearing  interest  at  a  rate  not  exceed- 
ing four  per  cent  per  annum,  payable  semi-annually  on  the  first 
days  of  May  and  November.     The  amount  necessary  to  meet 
tht1   annual  requirement  of  said   sinking  fund   and    to   pay  the 
interest  on  said  bonds  shall  be  raised  by  taxation  from  year  to 
year. 

Revised  Laws,  Chapter  111,  §  158.     [Unrepealed,  see  Part  II,  §  258.] 

Section  158.     The  amount  to  be  paid  under  the  provisions  of  the  Payments  by 

preceding  nine  sections  by  the  commonwealth  in  any  one  year,  the  year  Iveaii'i"" 

beginning   with   the   twentv-flrst    day   of   June,   shall    noi    exceed    five  H."'"-ls-  ,     , 

■  •  •  Sinking  fund. 

hundred   thousand  dollars,  and  the  total  amount    shall  not  exceed  five    L890,428,§  10. 

million   dollars;   but  if  in   any  year  the  expenditure  by   the  common-    \s<m\',  139] 

wealth   shall   not    amount    to    five   hundred    thousand    dollars,   the   un-   fi  oD  a  g 

expended  balance  thereof  shall  be  added  to  the  five  hundred  thousand  3U5.J 

dollars  allowed  to  he  paid  by  it  in  any  subsequenl  year.     In  computing 

and  estimating  the  amount  paid  and  to  be  paid  by  the  commonwealth, 

the  amounts  apportioned   to   cities  and   towns   and   advanced   by   the 

commonwealth  under  the  provisions  of  section  one  hundred  and  fifty-five 

shall  not  he  included.    The  treasurer  and  receiver  general  shall  pay  the 

amount  of  cost  apportioned  to  the  commonwealth  from  any  money  noi 

otherwise  appropriated,  and  shall  from  time  to  time,  on  requesl  of  the 

governor  and  council,  issue  and  sell   bonds,  shall   establish   a   sinking 

fund   for  the  payment   thereof  into   which   shall  be   paid   any   premiums 

received   on   the   sale   of   said   bonds   and    shall    apportion    thereto    from 

year  to  year,  in  addition,  amounts  sufficient  with  their  accumulations  to 

extinguish   at   maturity  the  debt   incurred  by  the  issue  of  said  bonds. 

The  amount   necessary   to   meet    the   annual  sinking   fund   requirements 


20 


ABOLITION    <»F    GRADE    CROSSINGS. 


Board  to 
decide  which 
petitions  shall 
be  acted  on. 
1890,  428,  §  11 
i:    !     HI, 
S   159 
1902,  140,  §  6. 


[ForR.L.lll, 
§  168,  see 
above.] 


Relative  to 

loans  for  the 

abolition  of 

grade  cross- 

ings. 

1902,  507,  §  1. 

[ForR.L.lll, 

§  168,  see 

above.] 


Certain  pro- 
visions not  to 
apply. 

L890,  128,  §  12. 
K.  L.  Ill, 
§  160. 


and  to  pay  the  interest  on  said  bonds  shall  be  raised  by  taxation  from 
year  to  year.  From  the  proceeds  of  the  sale  of  such  bonds,  there  shall 
be  paid  into  the  treasury  of  the  commonwealth  such  amounts  as  may 
have  been  expended  therefrom  under  the  provisions  of  this  section. 

Section  43.  A  final  decree  shall  not  be  entered  by  the  su- 
perior court  upon  anv  report  of  commissioners  setting  forth  a 
plan  for  the  abolition,  discontinuance  or  alteration  of  a  grade 
crossing,  adopting  or  confirming  such  plan  or  authorizing  any 
expense  to  be  charged  against  the  commonwealth,  until  the  board 
of  railroad  commissioners,  after  a  hearing,  shall  have  certified 
in  writing  that  in  their  opinion  the  adoption  of  such  plan  and 
the  expenditure  to  be  incurred  thereunder  are  consistent  with 
the  public  interests,  and  are  reasonably  requisite  to  secure  a  fair 
distribution  between  the  different  cities,  towns  and  railroads  of 
the  commonwealth,  of  the  public  money  authorized  to  be  ex- 
pended under  the  provisions  of  the  preceding  section,  or  section 
one  hundred  and  fifty-eight  of  chapter  one  hundred  and  eleven 
of  the  Revised  Laws,  for  the  abolition  of  grade  crossings,  and 
that  such  expenditure  will  not,  in  the  judgment  of  said  board, 
exceed  the  amounts  provided  under  the  provisions  of  said  sec- 
tions to  be  paid  by  the  commonwealth. 

Section  44.  The  treasurer  and  receiver  general  is  hereby 
authorized  to  transfer  to  the  loan  authorized  by  section  one  hun- 
dred and  fifty-eight  of  chapter  one  hundred  and  eleven  of  the 
Revised  Laws,  from  any  unexpended  balance  of  the  loan  au- 
thorized by  chapters  four  hundred  and  thirty-three  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-two  and  two  hundred 
and  fifty-seven  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-six,  which  provide  a  sum  of  money  for  the  abolition  of 
certain  grade  crossings,  such  amount  of  money  as  may  be  from 
time  to  time  to  the  credit  of  said  loan,  and  which  may  not  be 
needed  for  the  purposes  for  which  the  loan  was  issued ;  and  the 
balance  so  transferred  shall  be  in  addition  to  the  five  million 
dollars  authorized  to  be  expended  under  the  provisions  of  said 
section,  and  shall  be  a  part  of  the  sum  authorized  to  be  ex- 
pended under  section  forty-two,  and  available  for  the  abolition 
of  grade  crossings  under  the  provisions  of  said  section,  and  of 
chapter  one  hundred  and  eleven  of  the  Revised  Laws. 

Section  45.  The  provisions  of  sections  twenty-three  to 
twenty-eight,  inclusive,  of  Part  I,  and  of  sections  one  hundred 
and  seventeen,  one  hundred  and  eighteen,  one  hundred  and 
twenty-two,  one  hundred  and  twenty-three  and  one  hundred  and 
twenty-four  of  Part  11,  so  far  as  they  relate  to  proceedings  for 
the  abolition  of  grade  crossings,  shall  not  apply  to  cases  within 
the  provisions  of  the  preceding  sixteen  sections.'"' 


Revised  Laws,  Chapter  27,  §  7. 

ioa™Pfoary  Section  7.      Cities  and   towns  may   by  a  majority  vote  incur  debts 

ment  of  grade    for  temporary   loans  for  the  payment   of   any   land   damages  or  any 


*  For  laws  relative  to  abolition  of  grade  crossings,  showing  the  legislation  from  1S88  to 
1906,  see  Appendix. 


20b 


[See  page  20,  §  43.] 

1909. 

Chapter  358. 

An  Act  relative  to  the  Certification  by  the  Board  of  Railroad  Commissioners  of 

Expenditures  for  the  Abolition  of  Grade  Crossings. 

Section   forty-three  of  Part  I  of   chapter  four  hundred   and   sixty-   1906,  463, 
three   of   the   acts    of   the   year   nineteen    hundred    and    six    is    hereby  amended43' 
amended  by  adding  at  the  end  thereof  the  following :  —  If  the  members 
of  the  board  of  railroad  commissioners  are  special  commissioners  under 
the  provisions  of  section  twenty-nine  the  certificate  herein  provided  for 
may  be  issued  by  said  board  without  a  hearing,  —  so   as  to  read   as 
follows:  —  Section  43.     A  final  decree  shall  not  be  entered  by  the  su-  No  hearing 
perior  court  upon   any  report  of  commissioners  setting  forth  a   plan  'I1'""  h":;' 

1  .   .  .   '  .  .  decree  when 

for   the   abolition,   discontinuance    or   alteration    of   a    grade    crossing,  board  acts  as 
t       ,  •  r.       •  ,        1  ,,       •   .  ,       special  com- 

aaopting  or   confirming  such   plan  or  authorizing  any  expense  to   be  mission. 

charged  against  the  commonwealth,  until  the  board  of  railroad  com- 
missioners, after  a  hearing,  shall  have  certified  in  writing  that  in  their 
opinion  the  adoption  of  such  plan  and  the  expenditure  to  be  incurred 
thereunder  are  consistent  with  the  public  interests,  and  are  reasonably 
requisite  to  secure  a  fair  distribution  between  the  different  cities,  towns 
and  railroads  of  the  commonwealth,  of  the  public  money  authorized 
to  be  expended  under  the  provisions  of  the  preceding  section,  or  section 
one  hundred  and  fifty-eight  of  chapter  one  hundred  and  eleven  of  the 
Revised  Laws,  for  the  abolition  of  grade  crossings,  and  that  such  ex- 
penditure will  not,  in  the  judgment  of  said  board,  exceed  the  amounts 
provided  under  the  provisions  of  said  sections  to  be  paid  by  the  com- 
monwealth. If  the  members  of  the  board  of  railroad  commissioners 
are  special  commissioners  under  the  provisions  of  section  twenty-nine 
tin'  certificate  herein  provided  for  may  be  issued  by  said  board  without 
a  hearing.     [Approved  May  5,  1909. 


RAILROAD    AND    STREET    RAILWAY    RELIEF    CORPORATIONS.  21 

proportion  of  the  general  expense  of  altering  a  crossing  which  they  crossing 
are  required  primarily  to  pay  under  the  provisions  of  sections  one  1892^178. 
hundred  and  forty-nine  to  one  hundred  and  sixty,  inclusive,  of  chapter 
one  hundred  and  eleven.  Such  loans  shall  not  be  reckoned  in  de- 
termining the  authorized  limit  of  indebtedness,  and  when  any  money  so 
paid  is  repaid,  it  shall  he  immediately  applied  to  the  discharge  of  the 
loan. 

RAILROAD    AND    STREET    RAILWAY    RELIEF    CORPORATIONS. 

Section  46.     Seven  or  more  persons,  a  majority  of  whom  arc  Railroad,  etc., 

.  ,  ,.     ,   .  ill-  i  '.•  mi    relief  corpora- 

resi<  ents  oi  this  commonwealth,  being  employees  oi  any  railroad  uons. 

.,  '  '       '  ■         ,  n    '       1        n  1882,  244,  5  1. 

corporation  or  street  railway  company,  organized  under  the  laws  1890,  i8i,  §  1. 
of  this  commonwealth,  may,  in  accordance  with  the  provisions 
of  sections  three  to  six,  inclusive,  of  chapter  one  hundred  and 
twenty-five  of  the  Revised  Laws,  form  a  corporation  for  the  pur- 
pose of  receiving,  managing  and  applying  such  property  and 
funds  as  it  may  receive  by  contribution,  assessment  or  otherwise 
for  the  improvement  and  benefit  of  its  members,  and  for  their 
relief  and  the  relief  of  their  families  in  case  of  sickness,  injury, 
inability  to  labor,  or  other  cases  of  need. 

Revised  Laws,  Chapter  125,  §§  3,  4,  6. 

Section  3.     The  corporation   shall  be   formed   in   the  manner  pre-   Organization, 
scribed  in,  and  subject  to  the  provisions  of,  sections  fifteen  to  twenty.   G.  S.'32,'§  2." 
inclusive,  of  chapter  one  hundred  and  ten    [now  1903,  437,  §§   6-12],   If'^lg3,5, 
exeppt  as  follows:  P. S.  115, 

The  capital  stock,  if  any,  shall  not  exceed  five  hundred  thousand  dol-   isss'  177 
lars.  189°-  191- 

The  agreement  of  association  of  a  corporation  which  has  no  capital 
stock  may  omit  the  statement  of  the  amount  of  the  capital  stock  and 
the  par  value  and  number  of  its  shares.  The  par  value  of  the  shares 
of  its  capital  stock,  if  any,  may  be  ten,  twenty-five,  fifty  or  one  hundred 
dollars.  The  fee  to  be  paid  to  the  secretary  of  the  commonwealth 
upon  the  filing  of  the  certificate  of  organization  shall  be  five  dollars. 

Section  4.  Before  making  and  issuing  a  certificate  of  incorporation  investigation 
to  a  corporation  formed  for  any  of  the  purposes  described  in  section  j^ociatesT 
two,  the  seci'etary  of  the  commonwealth  may  forward  a  statement  to  }*;[','•  *||-  f 
the  mayor  and  aldermen  of  the  city,  except  Boston,  or  to  the  selectmen 
of  the  town,  in  which  such  society  is  to  have  its  principal  office  or 
rooms,  and,  if  such  office  or  rooms  are  to  be  in  Boston,  to  the  hoard  of 
police  for  the  city  of  Boston,  giving  a  list  of  the  names  of  the  persons 
who  have  applied  for  incorporation,  the  purpose  of  the  organization 
as  stated  by  the  applicants,  the  location  proposed  to  be  occupied  and 
all  other  facts  which  may  be  stated  in  the  application  for  incorporation. 
The  mayor  and  aldermen,  selectmen  or  board  of  police  for  the  city  of 
Boston,  upon  the  receipt  of  such  statement,  shall  immediately  make  an 
investigation  and  ascertain  whether  any  of  the  proposed  incorporators 
have  been  engaged  in  the  illegal  selling  of  intoxicating  liquor  or  in 
keeping  places  or  tenements  used  for  the  purpose  of  illegal  gaming,  or 
whether  they  have  beer  engaged  in  any  other  business  or  vocation  pro- 
hibited by  law,  and  shall  forthwith  report  to  the  secretary  of  the  com- 
monwealth all  the  facts  ascertained.  If.  in  his  opinion,  it  appears 
from  said  report  or  otherwise  that  the  probable  purpose  of  the  forma- 
tion of  the  proposed  organization  is  to  cover  an  illegal  business,  be  shall 
refuse  to  issue  a  certificate  of  incorporation. 


')•> 


RAILROAD    AND    STREET    RAILWAY    POLICE. 


By-laws. 
( officers. 
1S74.  375 
1875,  49.  § 
P.  S.  115, 
§§  5,  6. 


§  6. 
1. 


—  approval  of 
1882,  244. 
§§  2,  3. 
R.  L.  125,  §  IS. 


Railroad,  etc., 
company  may 
associate  with 
employees. 
1886,  125. 
1890,  181,  §  2. 
R.L.  125,  §  19. 


—  police. 
1871,  331, 
§S  1,8. 
1874,  372, 
§  143. 

1880,  85,  §  1. 
P.  S.  103,  §  13. 
1895,  318, 
§§  1,  4. 
R,  L.  108, 
§§  13,  21. 


Section  6.  The  corporation  may  prescribe  by  its  by-laws  the  manner 
in  which,  and  the  officers  and  agents  by  whom,  the  purposes  of  its 
incorporation  may  be  accomplished,  and,  instead  of  the  directors  and 
other  officers  to  he  chosen  at  the  first  meeting,  it  may  have  a  board 
of  other  officers  with  the  powers  of  directors,  and  presiding,  financial 
and  recording  officers  with  the  powers  of  president,  treasurer  and 
clerk;  and  its  certificate  of  organization  may  he  made,  signed  and  sworn 
to  by  its  presiding,  financial  and  recording  officers  and  a  majority  of  its 
other  officers  having  the  powers  of  directors;  and  the  certificate  issued 
by  the  secretary  under  the  provisions  of  section  twenty  of  chapter  one 
hundred  and  ten  shall  be  modified  to  correspond  with  the  facts  in  each 
case. 

Section  47.  The  by-laws  of  such  corporation  shall  be  ap- 
proved by  the  board  of  railroad  commissioners,  and  shall  pre- 
scribe the  manner  in  which,  and  the  officers  and  agents  by  whom, 
the  purpose  of  its  incorporation  may  be  carried  out,  and  also  the 
manner  in  which  its  property  may  be  invested.  Such  corpora- 
tion shall  annually,  and  as  often  as  may  be  required  by  the 
board  of  railroad  commissioners,  render  to  said  board  such  state- 
ments of  its  membership  and  financial  transactions  and  such 
other  information  relative  thereto  as  said  board  may  consider 
necessary  for  a  proper  exhibit  of  its  business  and  standing.  Said 
board  may  verify  such  statement  by  an  examination  of  the  books 
and  papers  of  the  corporation;  and  whoever,  having  charge  or 
custody  of  such  books  and  papers,  neglects  to  comply  with  the 
provisions  of  this  section  shall  be  punished  by  a  fine  of  not  more 
than  five  hundred  dollars. 

Section  48.  A  railroad  corporation  which  operates  a  rail- 
road or  portion  thereof  in  this  common  wealth,  or  a  street  rail- 
way company,  may,  by  vote  of  its  directors,  associate  itself  with 
-oven  or  more  of  its  employees  in  forming  a  corporation  under 
the  provisions  of  section  forty-six,  or  may,  upon  the  invitation 
of  any  such  society,  become  a  member  thereof,  and  may  aid  such 
corporation  by  contributions  to  its  funds  or  otherwise.  The  by- 
laws of  such  corporation  shall  provide  for  the  manner  in  which 
the  railroad  corporation  or  street  railway  company  shall  vote  and 
be  represented  in  said  corporation.  The  funds  of  such  corpora- 
tion shall  not  be  liable  to  attachment  by  the  trustee,  process,  or 
be 'liable  to  be  taken  on  execution  or  on  any  other  process,  legal 
or  equitable,  to  satisfy  any  debt  or  liability  of  the  railroad  cor- 
poration or  street  railway  company  or  of  any  member  of  the 
corporation. 

RAILROAD    AND    STREET    RAILWAY    POLICE. 

Section  49.  The  mayor  of  a  city,  or  the  selectmen  of  a  town, 
upon  the  petition  of  a  railroad  corporation  having  a  passenger 
station  in  such  city  or  town,  or  of  a  street  railway  company 
operating  a  street  railway  therein,  may  appoint  as  many  of  the 
persons  designated  in  said  petition  as  police  officers  as  they  may 
doom  proper  for  the  purposes  and  with  the  powers  hereinafter 
set  forth. 


RAILROAD    AND    STREET    RAILWAY    POLICE.  23 

Section  50.     An  attested  copy  of  the  record  of  all  such  ap-  o>pyof 

rt/  .    .  -ii         i  />  appointment 

pointments  shall  be  filed  by  the  petitioner  with  the  clerk  oi  every  tote  filed, 
city  or  town,  other  than  the  city  or  town  of  appointment,  in  1874:372;' 
which  the  railroad  corporation  or  street  railway  company  oper-  i878,*90. 
ates  its  cars,  and  in  which  it  is  intended  that  such  police  officers  p8s.'fo3,§§2i4. 
shall  act;  and  the  filing  of  such  attested  copy  shall  constitute  ^t.iM'Jk. 
the  persons  named  therein  railroad  or  street  railway  police,  re- 
spectively, within  such  city  or  Town,  and  shall  be  conclusive  evi- 
dence of  the  regularity  of  their  appointment. 

Section  51.     Such  police  officers  shall  be  sworn  before  a  ins-  Term  of  office. 

'^  -10  — 1001 

tice  of  the  peace,  and  shall  hold  their  offices  until  their  appoint-  §§  i.'q.   ' 
ment  is  revoked  by  the  mayor  of  the  city  or  the  selectmen  of  the  $  143  372, 
town  in  which  they  are  appointed ;  but  such  petitioner,  upon  p^s/foVi'i.v 
ceasing  to  require  the  services  of  any  of  such  officers,  shall  file  ^83,  65^     ^ 
a  notice  to  that  effect  with  the  clerk  of  the  city  or  town  in  which 
he  is  appointed,  and  with  the  clerks  of  the  several  cities  and 
towns  in  which  notice  of  such  appointment  has  been  filed,  and 
thereupon  the  power  of  such  officer  shall  cease. 

Section  52.     Such  officers  shall,  when  on  duty  except  as  de-  Badges, 
tectives,  wear  in  plain  sight  a  metallic  badge,  inscribed  with  the  1874!  372,' 
words,  "  Railroad  Police  ",  or  "  Street  Railway  Police  ",  as  the  fssot'ss,  §  3. 
case  may  be,  and  the  name  or  initials  of  the  corporation  or  com-  fg^  225,  §§  26' 
pany  for  which  they  are  appointed ;   and  the  presence  of  any  R- L- 108>  § 16- 
such  officer  on  the  cars  or  premises  of  the  corporation  or  com- 
pany upon  whose  petition  he  was  appointed,  wearing  such  badge, 
shall  be  prima  facie  evidence  that  he  is  lawfully  upon  duty. 

Section  53.     Railroad  and  street  railway  police  officers  may  Powers  of 
preserve  order  on  the  premises  and  cars  of  the  corporation  or  i87i,  '331, 
company  upon  whose  petition  they  are  appointed;  may,  without   is 74,  37 2', 
a  warrant,  arrest  an  idle,  noisy,  intoxicated  or  disorderly  person  p§s4i03,46' 
upon  such  premises  or  cars;  or  a  passenger  upon  such  cars  who  ilos^'a^s",  §  3. 
refuses  to  pay  his  fare,  and  remove  him  to  the  baggage  or  other  j^-  ^  l^'<>3 
suitable  car;  may,  without  a  warrant,  arrest  any  person  commit-  ^3 Mass! 68, 
ting  any  of  the  offences  specified  in  section  sixty-six;  and  street   lis  Mass.  119. 
railway  police  officers  may,  without  a  warrant,  arrest  any  per- 
son committing  any  of  the  offences  specified  in  section  eighty- 
four  of  Part  TIL 

Section   54.     The  person  so  arrested  shall  be  taken  to  the  Arrest. 
police  station  or  other  place  of  lawful  detention  in   the  city  or  police. 
town  in  which  the  arrest  is  made,  or  in  the  city  or  town  in  which   r9l!  lot ,' 1 23. 
the  car  next  stops ;  he  may  be  placed  in  charge  of  a  police  officer 
or  constable  in  either  of  such  cities  or  towns,  to  be  taken   to  a 
lawful   place  of  detention  within   twenty-four  hours   after  the 
time  of  such  arrest,  Sundays  excepted.     Complaint  shall  he  made 
against   the   person    arrested   by   the   officer    taking   him    to    the 
place  oi'  detention   for  the  offence   for  which  he   was  arrested 
10  a  police,  district  or  municipal  court,  or  trial  justice  having 
jurisdiction  of  such  offences  committed   in  the  city  or   town   in 
which  such  person   Is  detained,  and  such  court  or  justice  shall 
have  jurisdiction  of  the  case. 


24 


INSPECTION    OF    EQUIPMENT. 


Compensation.        Section  55.    Railroad  and  street  railway  police  officers  shall 

1S74,  37_\  .  "        i  .1 

5 147.  be  paid  by  the  corporation  or  company  upon  whose  petition  they 

r. l.  108,  §  20!  are  appointed.     Such  corporation  or  company  shall  be  liable  for 

any  official  misconduct  of  such  officers  to  the  same  extent  as  for 

torts  of  agents  or  servants  in  their  employ. 


Fees  of  rail- 
road  police. 
1S90,  4-10,  §  9. 


Revised  Laws,  Chapter  204,  §  4(5. 

Section'  46.  Railroad  police  shall  not  be  entitled  to  any  fees  for 
attendance  upon  a  trial  as  witnesses  for  the  commonwealth,  but  they 
may  be  allowed  their  necessary  expenses  therefor. 


Duties  of 
inspectors. 
1894,  535, 
§§  3.  4. 
L897,  376,  §  1. 
11.  L.  Ill, 
§  223. 


Investigation 
of  accidents. 
1894,  535.  §  5. 
1897,  376,  §  2. 
R.  L.  Ill, 
§  224. 


1906,  463, 
anu  nded. 
R.  L.  19,  6, 


INSPECTION    OF    EQUIPMENT. 

Section  56.  Railroad  and  street  railway  inspectors  who  are 
appointed  under  the  provisions  of  section  one,  shall,  under  the 
direction  of  the  board  of  railroad  commissioners,  examine  the 
roadbed,  tracks,  crossings,  stations,  rolling  stock,  machinery, 
equipments,  appliances  and  grounds  used  in  or  in  connection 
with  the  operation  of  railroads  or  street  railways;  and  if  they 
are  considered  by  an  inspector  not  to  be  in  compliance  with  the 
requirements  of  law,  or  to  be  in  such  condition  as  to  endanger 
the  safety  of  the  public  or  of  employees,  he  shall  so  report  in 
writing  to  said  board,  which,  if  it  considers  it  necessary,  shall 
give  notice  to  the  corporation  or  company,  or  to  the  persons  who 
own  or  operate  the  railroad  or  street  railway,  of  such  failure  to 
comply  with  the  requirements  of  the  law  or  of  such  defects,  with 
such  recommendation  as  it  may  consider  necessary  or  proper. 

Section  57.  An  inspector  shall,  under  the  direction  of  the 
board  of  railroad  commissioners,  investigate  as  promptly  as  may 
be  any  accident  upon  a  railroad  or  street  railway,  or  resulting 
from  the  operation  thereof,  which  causes  the  death  or  imperils 
the  life  of  a  passenger,  employee  or  other  person,  and  shall  re- 
port thereon  to  said  board.  He  shall  attend  the  inquest  held  in 
the  case  of  any  such  death  by  accident,  and  may  cause  any  per- 
son who  has  knowledge  of  the  facts  or  circumstances  connected 
with  such  death  to  be  summoned  as  a  witness  to  testify  at  the 
inquest. 

Acts  of  1907,  Chapter  245. 

An  Act  relative  to  the  Exemption  from  the  Civil  Service  Rules  of  the  Experts  and 
Inspectors  of  the  Railroad  Commissioners. 

Sectiox  1.  The  positions  of  experts  and  railroad  and  railway  in- 
spectors provided  for  in  section  one  of  chapter  four  hundred  and  sixty- 
three  of  the  acts  of  the  year  nineteen  hundred  and  six  shall  be  exempt 
from  classification  by  the  civil  service  commission  unless  the  said  com- 
mission with  the  approval  of  the  governor  and  council  shall  hereafter 
so  classify  the  same  under  the  authority  given  them  by  chapter  nineteen 
of  the  Revised  Laws  and  acts  in  amendment  thereof  and  in  addition 
thereto. 

Section  2.  This  act  shall  take  effect  upon  its  passage.  [Apiiroved 
March  25,  1907. 


RAILROAD    AND    STREET    RAILWAY    BRIDGES,  ETC.  25 


RAILROAD    AND    STREET    RAILWAY    BRIDGES. 

Section  58.     Every  railroad  corporation  and  street  railway  Examination 
company  shall,  upon  request  of  the  hoard  of  railroad  commis-  Btreet  railway 
sioners,  and  at  least  once  in  two  years,  cause  an  examination  of  1887,334, 
its  bridges  and  of  the  approaches  thereto  to  be  made  by  a  com-  ftgg/W 
petent  engineer,  who  shall  report  the  result  of  his  examination,  fie®111, 
his  conclusions  and  recommendations  to  the  corporation  or  com- 
pany, and  it  shall  forthwith  transmit  a  copy  of  the  report  to 
said  board.     Before  a  street  railway  company  builds  a  bridge, 
it  shall  first  submit  the  plans  thereof  to  said  board  for  approval. 
Upon  the  completion  of  a  new  bridge,  the  railroad  corporation 
or  street  railway  company  shall  forthwith  cause  such  examina- 
tion and  report  to  be  made  and  transmitted  to  said  board.     The 
report  shall  furnish  such  information,  in  such  detail  and  with 
such   drawings  or  prints,   as  may  be  requested   in   writing  by 
said  board.     Said  board  may  make  further  examination  of  the 
bridge  structure  if  necessary  or  expedient.     The  provisions  of 
this  section  shall  not  exempt  a  corporation  from  making  other 
and   more   frequent  examinations   of   its   bridges   and   the   ap- 
proaches thereto.* 

CONDITIONAL    SALE    OF    ROLLING    STOCK. 

Section  59.     A  contract  for  the  sale  of  railroad  or  street  ^le^f'roinn- 
railway  rolling  stock  may  stipulate  that  the  title  to  the  prop-  fggc4k-3.16 
erty  sold  or  contracted  to  be  sold  shall  not  vest  in  the  purchaser  §§  i.'4.   ' 
until  the  purchase  price  is  fully  paid,  or  that  the  vendor  shall 
have  and  retain  a  lien  thereon  for  the  unpaid  purchase  money 
although  possession  thereof  may  be  delivered  immediately  or  at 
any  subsequent  time,  and  a  contract  for  the  leasing  or  hiring  of 
such  property  may  stipulate  for  a  conditional  sale  thereof  at  the 
termination  of  such  contract,  and  that  the  rentals  or  amounts  to 
be  received  thereunder,  may,  as  paid,  be  applied  and  treated  as 
purchase  money,  and  that  the  title  to  the  property  shall  not  vest 
in  the  lessee  or  bailee  until  the  purchase  price  shall  have  been 
paid  in  full  and  until  the  terms  of  the  contract  shall  have  been 

*  Rridffes  constructed  and  used  exclusively  for  street  railway  purposes  should  have 
floor  systems  similar  to  those  used  on  steam  railroad  bridges.  While  there  Is  some  defer- 
ence in  practice  with  reference  to  the  details  of  such  Moors  the  Board  under  §  58  of  Part  I 
of  chapter  463  of  the  Acts  of  1906)  recommends  the  following  construction :  — 

1.  Ties  should  lie  of  hard  pine  not  less  than  .">  inches  by  7  inches  and  not  le~s  than  s  feet 
long.  The  Board  suggests  a  length  of  9  feet.  Ties  should  be  spaced  not  over  8  inches  in 
the  clear.  The  Board  suggests  a  spacinir  ot  t;  inches  in  the  clear.  Ties  should  he  securely 
fastened  to  the  stringers  by  spikes  or  holts. 

•2.  Along  tiie  ends  of  the  ties  should  run  on  each  side  a  wooden  guard  timber  not  less 
than  6  Inches  by  6  inches,  notched  l  inch  over  the  ties  and  bolted  to  every  third  or  fourth 
tie.  The  otiiee  of  this  guard  timber  is  not  to  prevent  a  derailed  wheel  from  running  off  the 
bridge,  hut  simply  to  keep  the  ties  in  place.  With  ties  '.i  fret  long  this  guard  timber  will  he 
16  inches  to  is  inches  in  the  clear  outside  of  the  track  rails. 

3.  In  order  to  prevent  a  derailed  truck  from  running  far  from  the  track, even  if  It  should 
he  derailed  before  reaching  the  bridge,  Inside  guard  rails  should  he  provided.    These  rails 

should  he  of  the  same  Height  as  the  track  mils  and  should  extend  across  the  entire  bridge 
and  for  a  distance  of  some  60  feet  beyond  the  ends,  coming  to  a  point  in  the  Centre  of  the 
track,  the  point  being  protected  by  a  casting  or  frog  point,  if  there  is  a  Bharp  curve  on 
the  a  pi  i  roach  the  guard  rails  should  be  extended  around  the  curve.    These  rails  should  not 

he  less  than  S  inches  in  the  clear  inside  of  the  track  rails  and  should  he  securely  spiked 
down  to  every  tie.  Such  inside  guard  rails  will  in  most  cases  guide  a  derailed  truck  safely 
across  the  bridge,  a  fact  which  has  been  repeated!]  demonstrated  in  connection  with  steam 
railroads. 


26  ATTACHMENT  OF  ROLLING  STOCK,  ETC. 

fully  performed,  notwithstanding  delivery  to  and  possession  by 
such  lessee  or  bailee.  Xo  such  contract  shall  be  valid  as  against 
any  subsequent  attaching  creditor  or  any  subsequent  bona  fide 
purchaser  for  value  and  without  notice  unless  it  is  in  writing 
executed  by  the  parties  and  acknowledged  by  the  vendee,  lessee 
or  bailee  before  a  magistrate  authorized  to  take  acknowledgments 
of  deeds,  and  in  the  same  manner  as  deeds  are  acknowledged, 
and  recorded  in  the  office  of  the  secretary  of  the  commonwealth ; 
nor  unless  each  locomotive,  engine  or  car  so  sold,  leased  or  hired, 
or  contracted  to  be  sold,  leased  or  hired  as  aforesaid,  shall  have 
the  name  of  the  vendor,  lessor  or  bailor  plainly  marked  on 
each  side  thereof,  followed  by  the  word  "  owner  ",  "  lessor  ",  or 
"  bailor  ",  as  the  case  may  be.  The  provisions  of  chapter  one 
hundred  and  ninety-eight  of  the  Revised  Laws  shall  not  apply 
to  such  contract. 
Record  of  con-        Section  GO.     A  contract  authorized  by  the  preceding  section 

tract,  and  fees.  J  I  o 

1894, 326,  §2.   shall  be  recorded  by  the  secretary  of  the  commonwealth  in  a 

R.  L.  Ill,  §  /6.  J  •> 

book  to  be  kept  lor  that  purpose,  and  upon  payment  m  lull  ol 
the  purchase  money  and  the  performance  of  the  terms  and  con- 
ditions stipulated  in  such  contract,  a  declaration  in  writing 
thereof  may  be  made  by  the  vendor,  lessor  or  bailor,  or  his  as- 
signee on  the  margin  of  the  record  of  the  contract,  attested,  or 
it  may  be  made  by  a  separate  instrument,  acknowledged  by  the 
vendor,  lessor  or  bailor,  or  his  assignee,  and  recorded  as  afore- 
said. A  fee  of  five  dollars  shall  be  paid  to  the  secretary  of  the 
commonwealth  for  recording  such  contract  or  declaration,  and 
a  fee  of  one  dollar  for  noting  such  declaration  on  the  margin  of 
the  record. 

ATTACHMENT    OF    ROLLING    STOCK. 

™nmg™ock°f  Section  61.  Railroad  cars  and  engines,  and  street  railway 
lili'  lH'  cars>  *n  Ilse  anc^  making  regular  passages  on  railroads  or  rail- 
it  l  llV  !  39'  wa.vs>  snaH  n°t  be  attached  upon  mesne  process,  unless  the  officer 
ho  Mass.'  131.    who  makes  an  attachment  of  such  property  has  first  demanded 

187  Mass.  596 

of  the  owners  or  managers  thereof  other  property  upon  which  to 
make  such  attachment  equal  in  value  to  the  ad  damnum  in  the 
writ,  and  such  owners  or  managers  have  refused  or  neglected  to 
comply  with  said  demand.  Such  attachment  shall  be  void,  un- 
less the  officer  certifies  in  his  return  that  he  has  made  such  de- 
mand, and  that  the  owners  or  managers  have  refused  or  neg- 
lected to  comply  therewith. 


notice  of  accidents. 
accidents.  Section  62.     Every  railroad  corporation  and  street  railway 

g84!.' 63.2§  ioo.  comPany  shall  give  immediate  notice  of  ah  accident  on  its  rail- 
1873'  -'in*'/'1  l"  roa<*  or  railway,  which  results  in  a  loss  of  life,  to  the  medical 
\8Zk6372'  examiner  of  the  county  who  resides  nearest  to  the  place  of  acci- 
1878, >.  dent,  and  shall  also,  within  twenty-four  hours,  give  notice  to  the 

§'208.  "  board  of  railroad  commissioners  of  any  such  accident  or  of  any 

§  263  accident  of  the  description  of  accidents  of  which  said  board  may 

1903,  297. 


PENALTY    FOR    LOSS    OF    LIFE.  27 

require  notice  to  be  given.  For  each  omission  to  give  such 
notice,  the  corporation  or  company  shall  forfeit  not  more  than 
one  hundred  dollars." 

Revised  Laws,  Chapter  24,  §§  11,  14. 

Section  11.  .  .  .  An  inquest  shall  be  held  in  all  eases  of  death  by  When  inquest 
accident  upon  a  railroad,  and  the  court  or  justice  holding  such  inquest  istt,  200,e§  io. 
or  an  inquest  in  case  of  death  by  accident  upon  a  street  railway  shall   {^^  2$^  H- 
give  seasonable  notice  of  the  time  and  place  thereof  to  the  board  of  189?!  376!  I  2. 
railroad  commissioners.     The  attorney  general  or  the  district  attorney 
may  direct  an  inquest  to  be  held  in  the  case  of  death  by  any  casualty. 

Section  14.    If  a  magistrate  has  reason  to  believe  that  an  inquest  to   Report  of 
be  held  by  him  relates  to  the  death  by  accident  of  a  passenger  or  em-   certain^ ' 
ployee  upon  a  railroad  or  of  a  traveller  upon  a  public  or  private  way  i^ss^Is 
at  a  railroad  crossing,  or  to  a  death  by  accident  connected  with  the  op-   18S!)-  1"'1 
eration  of  a  street  railway,  he  shall   cause  a  verbatim  report  of   the  i896i  302! 
evidence  to  be  made  and  sworn  to  by  the  person  making  it,  and  the 
report   and   the  bill   for  services,   after  examination   and  approval  in 
writing  by  such  magistrate,  shall  be  forwarded  forthwith  to  the  board 
of  railroad   commissioners.     Such  bill  when   approved  by  said  board 
shall  be  forwarded  to  the  auditor  of  accounts  and  be  paid  by  the  com- 
monwealth, assessed  on  the  several  corporations  owning  or  operating 
the  railroad  or  street  railway  on  which  the  accident  occurred  and  shall 
be   collected   in   the   manner   provided  in   section   ten   of   chapter   one 
hundred  and  eleven.     The  magistrate  may,  in  his  discretion,  refuse  fees 
to  witnesses  in  the  employ  of  the  company  upon  whose  railroad  the 
accident  occurred. 

PENALTY    FOR    LOSS    OF    LIFE. 

Section  63.     If  a  corporation  which  operates  a  railroad  or  a  Penalty  on 
street  railway,  by  reason  of  its  negligence  or  by  reason  of  the  foMosfonffe 
unfitness  or   [gross]   negligence  of  its  agents  or  servants  while  ge„°Cegetcegh" 
engaged  in  its  business,  causes  the  death  of  a  passenger,  or  of  a  Jg^'  |^ 
person  who  is  in  the  exercise  of  due  care  and  who  is  not  a  pas-  s,s  1-3. 
senger  or  in  the  employ  of  such  corporation,  it  shall  be  punished  §§  97~$- 
by  a  fine  of  not  less  than  five  hundred  nor  more  than  Tfive  thou-  §§  37,~38.' 
sand]   ten  thousand  dollars  which  shall  be  recovered  by  an  in-  istl  3si| 
dictment  prosecuted  within  one  year  after  the  time  of  the  in-  is  7-1', '372. 
jury  which  caused  the  death,  and  shall  be  paid  t<»  the  executor  issi!'i99, 
or  administrator,  one  half  thereof  to  the  use  of  the  widow  and  p*  s!  i'iJi' 
one  half  to  the  use  of  the  children  of  the  deceased;  or,  if  there  fgfj.2^ 
are  no  children,  the  whole  to  the  use  of  tbe  widow;  or,  if  there  1886!  140. 

*  Under  the  authority  of  section  02,  Part  I,  chapter  468,  Acts  of  1900,  the  "Board  requires 
that  reports  be  made  :  — 

1.  Of  all  accidents  resulting  in  serious  personal  Injury,  as  well  as  in  loss  of  life,  whether 
of  passengers,  employees  or  others. 

2.  Of  all  accidents  which  do  not  result  in  personal  Injury,  hut  which  cause  serious  deteo 

tion  of  passenger  trains  or  electric  cars. 

When  an  accident  occurs  at  a  station  it  should  lie  so  reported  and  the  name  of  the  station 

given ;  w  hen  it  occurs  elscw  here  the  place  should  be  described  with  reasonable  accuracy. 

The  word  "  station"  will  he  deemed  to  mean  that  part  of  the  railroad  premises  within 
which  trains  are  customarily  stopped  for  the  purpose  of  receiving  or  discharging  pas- 
sengers. 

The  word  "road"  will  be  deemed  to  mean  all  parts  of  premises  the  use  of  which  is 
Ordinarily   necessary  tO  the  operation  of  the  railroad  01'  railway. 

The  accidents  to  be  reported  are  those  which  are  incident  to  the  movement  of  any  engine 
or  car. 

Each  report  should  include  a  brief  statement  of  the  character  of  the  accident  and  the 
nature  of  the  injury. 


28  PENALTY    FOR    LOSS    OF    LIFE. 

R..L.111,  is  qo  widow,  the  whole  to  the  use  of  the  next  of  kin;  but  a  cor- 

11  rush.  512.  poration  which  operates  a  railroad  shall  not  be  so  liable  for  the 

10  AiiVn,  189.  death  of  a  person  while  walking  or  being  upon  its  railroad  con- 

101  Mass.  201.  trary  to  law  or  to  the  reasonable  rules  and  regulations  of  the 

!!!s  \ia-~  7.!6'  eoi poration.     Such  corporation  shall  also  be  liable  in  damages 

tie  Mass  In"'  m  tne  sum  °f  n°t  less  than  five  hundred  nor  more  than  [five 

L29Mass.500.  thousand!    leu   thousand  dollars,   which   shall  be  assessed  with 

134  Mass.  211.  J  ' 

136  ivLss'fi48'  lvferonce  to  the  degree  of  culpability  of  the  corporation  or  of  its 

139  Mass.'  238,  servants  or  agents,  and  shall  be  recovered  in  an  action  of  tort, 

141 'Mass. 471.  begun  within  one  year  after  the  injury  which  caused  the  death, 

in'  Mass! 425!  by  the  executor  or  administrator  of  the  deceased  for  the  use  of 

lis  Mass! 478,  the  persons  hereinbefore  specified  in  the  case  of  an  indictment. 

I1-.:!  Mass.  79,  If  an  employee  of  a  railroad  corporation,  being  in  the  exercise 

}^\'f00'  ««  °f  due  care,  is  killed  under  such  circumstances  as  would  have 

lo4  Mass.  4*5,  •    i      i   i   •  • 

5'->4\.      o,„    entitled  him  to  maintain  an  action  for  damages  against  such  cor- 

L56  Mass.  316,  .         .  »    ,         ,    .       ,  .       ,       .  &     .    &    ,     nl  n       ,.    .  . 

320.  ]ioration  if  death  had  not  resulted,  the  corporation  shall  be  liable 

536.  [in  the  same  manner  and  to  the  same  extent]  in  the  sum  of  nut 

i6i  Mass!  26^  less  than  five  hundred  nor  more  than  five  thousand  dollars,  in 

162  Mass.  66.  ^ie  sam&  manner  as  it  would  have  been  if  the  deceased  had  not 

163  Mass.  132,  Deen  an  employee.     But  no  executor  or  administrator  shall,  for 
}fk  ¥,ass-  to?-  the  same  cause,  avail  himself  of  more  than  one  of  the  remedies 

165  Mass.  osl.         .  .    .  . 

166  Mass.  492.    given  by  the  provisions  of  this  section. 

171  Mass.  33.  52,  164.  175  Mass.  181.  185  Mass.  510.  188  Mass.  8,  371. 

172  Mass.  211.  180  Mass.  490.  187  Mass.  77.  190  Mass.  84. 

173  Mass.  136.  182  Mass.  337. 

Acts  of  1907,  Chapter  392. 

An  Act  to  increase  the  Penalty  imposed  on  a  Railroad  or  Street  Railway  Corpora- 
tion for  Loss  of  Life  through  its  Negligence. 

1906,463,  Section  1.     Section  sixty-three,  Part  I.  of  chapter  four  hundred  and 

amended.  ,  J  ,  L 

sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six  is  hereby 
amended  by  striking  out  the  word  "  gross  ",  in  the  third  line,  by  striking- 
out  the  words  "  five  thousand  ",  in  the  eighth  and  twenty-first  lines,  and 
inserting  in  place  thereof  in  each  case  the  words :  —  ten  thousand,  — 
and  by  striking  out  the  words  "  in  the  same  manner  and  to  the  same 
extent ",  in  the  thirty-first  and  thirty-second  lines,  and  inserting  in 
place  thereof  the  words :  —  in  the  sum  of  not  less  than  five  hundred 
nor  more  than  five  thousand  dollars,  in  the  same  manner,  —  so  as  to 
read  as  follows :  —  Section  63.  If  a  corporation  which  operates  a  rail- 
road or  a  street  railway,  by  reason  of  its  negligence  or  by  reason  of 
the  unfitness  or  negligence  of  its  agent's  or  servants  while  engaged  in  its 
business,  causes  the  death  of  a  passenger,  or  of  a  person  who  is  in  the 
exercise  of  due  care  and  who  is  not  a  passenger  or  in  the  employ  of 
such  corporation,  it  shall  be  punished  by  a  fine  of  not  less  than  five 
hundred  nor  more  than  ten  thousand  dollars  which  shall  be  recovered 
by  an  indictment  prosecuted  within  one  year  after  the  time  of  the 
injury  which  caused  the  death,  and  shall  be  paid  to  the  executor  or 
administrator,  one  half  thereof  to  the  use  of  the  widow  and  one  half 
to  the  use  of  the  children  of  the  deceased;  or,  if  there  are  no  children, 
the  whole  to  the  use  of  the  widow;  or,  if  there  is  no  widow,  the  whole 
to  the  use  of  the  next  of  kin ;  but  a  corporation  which  operates  a  rail- 
road shall  not  be  so  liable  for  the  death  of  a  person  while  walking  or 
being  upon  its  railroad  contrary  to  law  or  to  the  reasonable  rules  and 
regulations  of  the  corporation.  Such  corporation  shall  also  be  liable  in 
damages  in  the  sum  of  not  less  than  five  hundred  nor  more  than  ten 


EVASION    OF    PAYMENT    OF    FARE,  ETC.  29 

thousand  dollars,  which  shall  be  assessed  with  reference  to  the  degree 
of  culpability  of  the  corporation  or  of  its  servants  or  agents,  and  shall 
be  recovered  in  an  action  of  tort,  begun  within  one  year  after  the 
injury  which  caused  the  death,  by  the  executor  or  administrator  of  the 
deceased  for  the  use  of  the  persons  hereinbefore  specified  in  the  case 
of  an  indictment.  If  an  employee  of  a  railroad  corporation,  being  in 
the  exercise  of  due  care,  is  killed  under  such  circumstances  as  would 
have  entitled  him  to  maintain  an  action  for  damages  against  such 
corporation  if  death  had  not  resulted,  the  corporation  shall  be  liable  in 
the  sum  of  not  less  than  live  hundred  nor  more  than  five  thousand 
dollars,  in  the  same  manner  as  it  would  have  been  if  the  deceased  had 
not  been  an  employee.  But  no  executor  or  administrator  shall,  for  the 
same  cause,  avail  himself  of  more  than  one  of  the  remedies  given  by 
the  provisions  of  this  section. 

Section  2.  This  act  shall  not  affect  any  suit  or  proceeding  now 
pending,  or  any  cause  of  action  or  ground  of  indictment  existing  prior 
to  the  passage  of  this  act.     [Approved  May  8, 1907. 

EVASION    OF    PAYMENT    OF    FAKE. 

Section  64.     Whoever  fraudulently  evades  or  attempts  to  Evasion  of 
evade  the  pavment  of  a  toll  or  fare  lawfully  established  by  a  fare. 

M  ,         1     l  .,  J         .  ,  ,  .  \  1849,  191.  5  2. 

railroad  corporation  or  street  railway  company,  either  by  giving  1857,  240,  §  5. 

a  false  answer  to  the  collector  of  the  toll  or  fare,  or  by  travelling  §§  113, 141. 

beyond  the  point  to  which  he  has  paid  the  same,  or  by  leaving  Isti!  U\',  I  37. 

the  train  or  car  without  having  paid  the  toll  or  fare  established  P156.372, 

for  the  distance  travelled,  or  otherwise,  shall  forfeit  not  less  than  §  xfy112, 

five  nor  more  than  twenty  dollars.     Whoever  does  not  upon  fj.-.  m 

demand  first  pay  such  toll  or  fare  shall  not  be  entitled  to  be  143  Mass 

to  t  i  i  •  n/.  174  Mass.   ,,., 

transported  for  any  distance,  and  may  be  ejected  from  a  street   L78Mass.64. 
railway  ear:  but  no  person  shall  be  removed  from  a  car  of  a  i85Mass!279. 
railroad  corporation  except  as   provided   in   section   fifty-three, 
nor  from  a  train  except  at  a  regular  passenger  station. 

Revised  Laws,  Chapter  212,  §  35. 

Section  35.     Whoever,  in   or  upon   a  railroad  carriage,   steamboat  ronductTiii 
or  other  public  conveyance,  is  disorderly,  or  disturbs  or  annoys  travellers   i>u,,lir  convey- 
in  or  upon  the  same  by  profane,  obscene  or  indecent  language,  or  by    1883,  102. 
indecent  behavior,  shall  be   punished   by  imprisonment   for   not    more 
than  thirty  days  or  by  a  fine  of  not  more  than  fifty  dollars. 

INJURY    TO    SIGNALS. 

Section  65.    Whoever  unlawfully  and  intentionally  injures,  J&jjjy*0 
molests  or  destroys  any  signal  of  a  railroad  corporation  or  streel   J,x'' 
railway  company,  or  any  line,  wire,  posl  or  other  structure  or  * -"■  . 
mechanism  used  in  connection  with  such  signal,  or  prevents  or  L899  252. 

in  any  way   interferes  with  t lie  proper  working  of  such  signal,  5  262. 
shall  be  punished  by  a  fine  of  not  more  than  five  hundred  dollars 
or  by  imprisonment    for  not   more  than  two  years,  or  by  both 
such  fine  and  imprisonment. 


6S. 
401. 


30 


THROWING    MISSILES,   ETC. 


Throwing 

missiles, 

assaulting 

engineer,  etc. 

1880,  110. 

P.  S.  112, 

§  206. 

R.  L.  Ill, 

5  260. 

145  Mass.  403. 


THROWING     MISSILES,    ETC. 

Section  GG.  Whoever  wilfully  throws  or  shoots  a  missile  at 
a  locomotive  engine,  or  railroad  or  street  railway  ear  or  train, 
or  at  a  person  on  such  engine  or  car  or  train,  or  in  any  way 
assaults  or  interferes  with  a  conductor,  engineer,  brakeman,  or 
motorman,  while  in  the  performance  of  his  duty  on  or  near  such 
engine,  or  car  or  train,  shall  be  punished  by  a  fine  of  not  more 
than  one  hundred  dollars,  or  by  imprisonment  for  not  more  than 
one  year,  or  by  both  such  fine  and  imprisonment.  A  person  so 
offending  may  be  arrested  without  a  warrant  by  an  officer  au- 
thorized to  serve  criminal  process,  and  kept  in  custody  in  jail  or 
other  convenient  place  not  more  than  twenty-four  hours,  Sun- 
days and  legal  holidays  excepted,  at  or  before  the  expiration  of 
which  time  he  shall  be  taken  before  a  proper  court  or  magis- 
trate, and  proceeded  against  according  to  law. 


Leases,  etc.,  to 

be  approved 
by  board. 
1894,  506,  §  1. 
R.  L.  Ill, 
§  278. 
A  mended. 
1907,  686. 


"Merger  bill," 
so-called. 
Acquisition  of 
stock  of 
domestic 
railroads,  etc. 
Voting  upon, 
etc. 


LEASE    OR    PURCHASE    OF    FRANCHISE. 

Section  67.  A  lease  or  purchase  and  sale  of  the  franchise 
and  property  of  a  railroad  corporation,  or  street  railway  com- 
pany, and  a  consolidation  of  two  or  more  railroad  corporations, 
or  street  railway  companies,  or  a  contract  that  either  corporation 
shall  perform,  all  the  transportation  upon  and  over  the  road  of 
the  other,  whether  authorized  by  general  laws  or  a  special  act, 
shall  not  be  valid  or  binding  until  the  terms  thereof  shall,  after 
public  notice  and  a  hearing,  have  been  approved  by  the  board  of 
railroad  commissioners,  and  a  certificate  signed  by  said  board, 
setting  forth  the  vote  of  approval,  shall  have  been  filed  in  the 
office  of  the  secretary  of  the  commonwealth.  Said  board  shall 
announce  its  decision  within  thirty  days  after  the  final  hearing 
upon  the  application  of  any  railroad  corporation  or  street  rail- 
way company  for  permission  to  lease  or  sell  to,  consolidate  with 
or  purchase  the  franchise  and  other  property  of,  any  other  rail- 
road corporation  or  street  railway  company,  or  to  contract  with 
any  other  railroad  corporation  or  street  railway  company  that 
either  corporation  shall  perform,  all  the  transportation  upon  and 
over  the  road  of  the  other. 

Acts  of  1907,  Chapter  585. 
An  Act  to  restrain  the  Consolidation  of  Railroad  Corporations. 
Section  1.  No  corporation  owning,  leasing-  or  operating  a  railroad 
wholly  or  partly  in  this  Commonwealth,  nor  any  person  or  corporation 
acting  in  its  interest  shall,  directly  or  indirectly,  after  the  passage  of 
this  act  acquire,  or  attempt  to  acquire  by  purchase,  exchange  of  shares, 
or  in  any  other  way,  any  shares  of  the  capital  stock  of  any  domestic 
railroad  company  not  lawfully  leased,  owned  or  operated  by  it  prior 
to  the  iirst  day  of  May  in  the  year  nineteen  hundred  and  seven,  except 
under  specific  authority  provided  by  statute.  No  such  corporation  nor 
any  person  in  its  behalf  shall,  prior  to  the  first  day  of  July,  nineteen 
hundred  and  eight,  vote  any  such  stock  which  it  now  holds  or  may 
acquire  in  its  own  name  or  in  that  of  any  person  or  corporation  acting 
in  its  interest,  nor  attempt  to  vote  the  same,  at  any  meeting  of  the 


LEASE    OR    PURCHASE    OF    FRANCHISE.  31 

stockholders  of  such  domestic  railroad  company,  nor  exercise,  nor 
attempt  to  exercise,  directly  or  indirectly,  any  control,  direction,  super- 
vision or  influence  whatsoever  over  the  acts  or  doings  of  such  domestic 
railroad  company  by  virtue  of  such  holding  of  stock  therein. 

Section  2.  No  domestic  railroad  company  shall  prior  to  said  date  Voting  at 
permit  any  shares  of  its  capital  stock  owned  or  controlled  by  a  corpora-  shares  of 
tion,  as  designated  in  section  one,  or  by  any  person  or  corporation  stock> xxnUl- 
acting  in  its  interest,  to  be  voted  on  behalf  of  said  corporation  by  its 
officers,  attorneys  or  agents,  or  any  other  person,  at  any  corporate 
election  for  directors  or  officers  of  such  domestic  railroad  company.  No 
such  domestic  railroad  company,  or  any  officer,  director,  servant  or 
agent  thereof,  shall  permit  or  suffer  the  said  corporation  designated 
in  section  one  or  any  of  its  officers  or  agents  to  exercise  any  control 
whatsoever  over  the  corporate  acts  of  such  domestic  company.  No 
officer,  agent,  servant  or  employee  of  such  corporation  shall  prior  to 
the  first  day  of  July,  nineteen  hundred  and  eight,  be  elected  or  appointed 
or  serve  or  act  as  an  officer,  agent,  servant  or  employee  of  such  domestic 
railroad  company:  provided,  however,  that  the  provisions  of  this  sec-  Proviso, 
tion  shall  not  apply  to  any  vote  upon  such  shares  of  stock  nor  to  any 
action  taken  under  the  provisions  of  section  three  of  this  act;  nor  shall 
the  provisions  of  this  section  apply  to  the  election,  appointment,  service 
and  acts  of  any  officer,  agent,  servant  or  employee  of  any  domestic 
railroad  company  that  may  have  been  lawfully  owned,  leased  or  oper- 
ated prior  to  the  first  day  of  May,  nineteen  hundred  and  seven,  by 
such  railroad  corporation  as  is  designated  in  section  one.  If  at  any 
annual  meeting  or  at  any  other  meeting  held  for  the  purpose  of  electing 
officers  less  than  a  majority  of  the  stock  of  such  domestic  railroad 
company  is  represented,  no  election  of  officers  shall  take  place. 

Section  3.     The  presidents,  or  a  majority  of  the  boards  of  directors,   Application  to 
or  the  holders  of  not  less  than  one  third  in  interest  of  the  capital  stock   r^froad  com- 
of  two  or  more  railroad  corporations,  may  apply  to  the  board  of  rail-   missi0ners- 
road  commissioners  for  its  determination  as  to  whether  the  consolidation   Determination, 
of   the   railroads   of   such   corporations   is   consistent   with   the   public  repor  ' 
interest.     If  the  board,  after  public  notice  and  a  hearing,  shall  find 
that  such  consolidation  is  consistent  with  the  public  interest,   it   shall 
report  its  findings  to  the  general  court,  together  with  drafts  of  a  law 
or  laws  to  authorize  such  consolidation  upon  the  agreement  of  the  cor- 
porations to  be  consolidated,  and  after  ratification  by  a  vote  of  not 
less  than  two  thirds  in  interest  of  the  stockholders  in  each,  and  under 
terms  and  conditions  which  will  effectually  prevent  any  decrease  in  the 
facilities  for  transportation  on  the  railroad  of  either  of  such  corpora- 
tions or  any  increase  in  the  rates  for  passengers  or  freight  by  the  said 
consolidation,  and  which  will,  in  the  opinion  of  the  board,  secure  to  the 
Commonwealth   adequate   control   over  the   organization,   conduct,   and 
management   of   the   said    corporations   and    railroads,    and   upon    such 
other  terms   and  conditions  as   may  seem  to  the  board  desirable  and 
proper. 

Section  4.  In  ease  of  any  lease,  purchase  and  sale  or  consolidation  \o  increase 
as  authorized  by  the  Eoregoing  section,  no  rate,  fare  or  chai'ge  for  rates. 
transportation  of  passengers  or  property  shall  be  increased,  and  no 
facilities  for  transportation  shall  be  diminished  thereby,  nor  in  con- 
nection therewith  or  as  a  result  thereof  shall  there  be  any  increase  in 
the  aggregate  outstanding  capital  slock  or  indebtedness  of  the  contract- 
ing companies. 

Section   5.      A   railroad   corporation,    upon    the    application    of    any    Switch 
shipper  tendering  freight   tor  transportation,  shall  construct,  maintain  connec  10ni 


32 


LEASE    OR    PURCHASE    OF    FRANCHISE. 


Switch 
connections, 
failure  to 
install,  etc. 
Appeal  to 
railroad  com- 
missioners. 


1906,  463, 
Pari  I, 
amended. 
Railroad  com- 
missioners to 
approve  con- 
tracts. 


1906,  463, 
Part  II, 
amended. 


and  operate  upon  reasonable  terms  a  switch  connection  or  switch  con- 
nections with  a  lateral  line  of  railroad  or  private  side  track  owned, 
operated  or  controlled  by  such  shipper  and  shall,  upon  the  application 
df  any  shipper,  provide  upon  its  own  property  a  side  track  and  switch 
connection  with  its  line  of  railroad,  whenever  such  side  track  and 
switch  connection  are  reasonably  practicable,  can  be  put  in  with  safety, 
and  the  business  therefor  is  sufficient  to  justify  the  same. 

Section  6.  If  any  railroad  corporation  shall  fail  to  install  or 
operate  any  such  switch  connection  with  a  lateral  line  of  railroad  or 
any  such  side  track  and  switch  connection  as  aforesaid,  after  written 
application  therefor  has  been  made  to  it,  any  person  interested  may 
present  the  facts  to  the  board  of  railroad  commissioners  by  written 
petition,  and  the  board  shall  investigate  the  matters  stated  in  such 
petition,  and  give  such  hearing  thereon  as  it  may  deem  necessary  or 
proper.  If  the  board  be  of  opinion  that  it  is  safe  and  practicable  to 
have  a  connection,  substantially  as  prayed  for,  established  or  main- 
tained, and  that  the  business  to  be  done  thereon  justifies  the  construction 
and  maintenance  thereof,  it  shall  make  an  order  directing  the  construc- 
tion and  establishment  thereof,  specifying  the  reasonable  compensation 
to  be  paid  for  the  construction,  establishment  and  maintenance  thereof, 
and  may  in  like  manner  upon  the  application  of  the  railroad  corpora- 
tion order  the  discontinuance  of  such  switch  connection. 

Section  7.  Section  sixty-seven  of  Part  I  of  chapter  four  hundred 
and  sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six  is 
hereby  amended  by  inserting  after  the  word  "  companies ",  in  the 
fourth  line,  the  words:  —  or  a  contract  that  either  corporation  shall 
perform  all  the  transportation  upon  and  over  the  road  of  the  other,  — 
and  by  adding  at  the  end  thereof  the  words:  —  or  to  contract  with  any 
other  railroad  corporation  or  street  railway  company  that  either  corpo- 
ration shall  perform  all  the  transportation  upon  and  over  the  road 
of  the  other,  —  so  as  to  read  as  follows :  —  Section  67.  A  lease  or 
purchase  and  sale  of  the  franchise  and  property  of  a  railroad  corpora- 
tion, or  street  railway  company,  and  a  consolidation  of  two  or  more 
railroad  corporations,  or  street  railway  companies,  or  a  contract  that 
either  corporation  shall  perform  all  the  transportation  upon  and  over 
the  road  of  the  other,  whether  authorized  by  general  laws  or  a  special 
act,  shall  not  be  valid  or  binding  until  the  terms  thereof  shall,  after 
public  notice  and  a  hearing,  have  been  approved  by  the  board  of  rail- 
road commissioners,  and  a  certificate  signed  by  said  board,  setting 
forth  the  vote  of  approval,  shall  have  been  filed  in  the  office  of  the 
secretary  of  the  commonwealth.  Said  board  shall  announce  its  decision 
within  thirty  days  after  the  final  hearing  upon  the  application  of  any 
railroad  corporation  or  street  railway  company  for  permission  to  lease 
or  sell  to,  consolidate  with  or  purchase  the  franchise  and  other  property 
of,  any  other  railroad  corporation  or  street  railway  company,  or  to 
contract  with  any  other  railroad  corporation  or  street  railway  company 
that  either  corporation  shall  perform  all  the  transportation  upon  and 
over  the  road  of  the  other. 

Section  8.  Section  two  hundred  and  nine  of  Part  II  of  chapter  four 
hundred  and  sixty-three  of  the  acts  of  the  year  nineteen  hundred  and 
six  is  hereby  amended  by  striking  out  after  the  word  "  section  ",  in 
the  thirteenth  line,  the  words  "  two  hundred  and  seven  ",  and  inserting 
in  place  thereof  the  words:  —  sixty-seven  of  Part  I  of  this  act,  —  so  as 
to  read  as  follows :  —  Section  209.  Two  railroad  corporations,  which 
are  incorporated  under  the  laws  of  this  commonwealth,  and  whose  rail- 
roads enter  upon  or  connect  with  each  other,  may  contract  that  either 


LEASE    OK    PURCHASE    OF    FRANCHISE.  33 

corporation  shall  perform  all  the  transportation  upon  and  over  the 
railroad  of  the  other;  and  any  such  corporation  may  lease  its  railroad 
to  any  other  such  corporation;  but  the  facilities  for  travel  and  business 
on  either  of  the  railroads  of  said  corporations  shall   not    thereby  be 

diminished.  Such  leases  shall  be  upon  such  terms  as  the  directors 
agree,  and  as  a  majority  in  interest  of  the  stockholders  of  both  corpora- 
tions at  meetings  called  for  the  purpose  approve,  subject  to  the  provi- 
sions of  section  sixty-seven  of  Part  I  of  this  act.  The  income  arising 
from  such  contracts  or  leases  shall  be  subject  to  the  provisions  of  law 
relative  to  the  right  of  the  commonwealth  to  purchase  the  railroads 
of  the  railroad  corporations  or  to  reduce  their  tolls,  in  the  same 
manner  as  that  arising  from  the  use  of  the  railroads.  Copies  of  such 
contracts  or  leases  shall  be  deposited  with  the  board  of  railroad  com- 
missioners, and  full  statements  of  the  facts  shall  be  set  forth  in  the 
next  annual  return  of  such  corporations.  The  provisions  of  this  section 
shall  not  authorize  a  lease  or  contract  between  two  railroad  corporations, 
each  of  which  has  a  terminus  in  the  city  of  Boston.  The  railroads  of 
two  railroad  corporations  shall  be  considered  to  enter  upon  or  connect 
with  each  other,  within  the  meaning  of  this  section,  if  one  of  such 
railroads  enters  upon,  connects  with,  or  intersects  a  railroad  leased  to  the 
other  or  operated  by  it  under  a  contract  as  herein  authorized. 

Section  9.  A  railroad  corporation,  as  hereinbefore  designated,  which  Penalty, 
violates  the  provisions  of  the  first  three  sections  of  this  act,  shall  be 
punished  by  a  fine  of  ten  thousand  dollars  for  each  offence;  and  any 
officer  or  agent  of  such  railroad  corporation  who  procures,  aids  or 
abets  such  corporation  in  any  violation  of  said  sections,  and  any 
partnership,  trustee  or  other  person  who  procures,  aids  or  abets  in  any 
violation  thereof,  shall  he  punished  by  fine  of  one  thousand  dollars  or 
by  imprisonment  for  not  more  than  one  year  nor  less  than  six  months, 
or  by  both  such  fine  and  imprisonment. 

Section-  10.     The  supreme  judicial  court  shall  have  jurisdiction  in  jurisdiction 
equity  upon  petition  of  the  attorney-general  or  of  any  stockholder  in   to  en  orce' 
such  domestic  railroad  company  to  compel  the  observance,  and  to  re- 
strain any  violation,  of  the  provisions  of  this  act. 

Section   11.      Nothing   in    this    act    contained    shall    he   construed    as   Not  to  ratify 
sanctioning  or  ratifying  any  acquisition  heretofore  made  by  any  corpo-   ijrevious  acta 
ration  owning,  leasing,  or  operating  a  railroad  in  this  Commonwealth, 
or  by  any  person,  association,  trust,  or  corporation  acting  in  its  behalf 
or  controlled  by  it.  of  any  shares  or  a  beneficial  interest  in  any  shares 
of  stock  in  a  domestic  railroad  company. 

Section  12.     This  act  shall  take  effect  upon  its  passage.     [Aji/n-nnd 
June  28,  1907. 

Section  OS.  Sections  twenty-one,  twenty-two,  twenty-three,  Repeal, 
twenty-four  and  twenty-five  of  chapter  one  hundred  ami  eight 
of  the  Revised  Laws,  sections  eight,  nine,  ten.  eleven,  twelve, 
fourteen,  fifteen,  sixteen,  seventeen,  eighteen,  nineteen,  twenty. 
twenty-one,  twenty-two,  twenty-three,  twenty-four,  twenty-five, 
twenty-six,  twenty-seven,  seventy-live,  seventy-six,  one  hundred 
and  thirty-four,  one  hundred  and  thirty-five,  one  hundred  and 
thirty-six,  one  hundred  and  thirty-seven,  one  hundred  and  thirty- 
eight,  one  hundred  and  thirty-nine,  one  hundred  and  forty-nine, 
one  hundred  and  fifty,  one  hundred  and  fifty-one,  one  hundred 
and  fifty-two.  one  hundred  and  fifty-three,  one  hundred  and 
fifty-four,  one  hundred  ami  fifty-five,  one  hundred  and  fifty-six, 


34 


LEASE    OK    l'l  UCIIASE    OF    FRANCHISE. 


Construction 
of  provisions, 
etc. 


Proceedings, 
etc.,  not 
affected. 


one  hundred  and  fifty-seven,  one  hundred  and  fifty-nine,  one 
hundred  and  sixty,  one  hundred  and  sixty-nine,  two  hundred 
and  twenty-three,  two  hundred  and  twenty-four,  two  hundred 
and  fifty-one,  two  hundred  and  sixty,  two  hundred  and  sixty- 
two,  two  hundred  and  sixty-three,  two  hundred  and  sixty-seven 
and  two  hundred  and  seventy-eight  of  chapter  one  hundred  and 
eleven  of  the  Revised  Laws,  sections  sixty-three  and  ninety-four 
of  chapter  one  hundred  and  twelve  of  the  Revised  Laws,  section 
nineteen  of  chapter  one  hundred  and  twenty-five  of  the  Revised 
Laws,  chapters  two  hundred  and  ninety-eight,  four  hundred  and 
two,  four  hundred  and  thirty-two,  four  hundred  and  forty,  five 
hundred  and  seven  and  five  hundred  and  thirty-three  of  the  acts 
of  the  year  nineteen  hundred  and  two ;  chapters  one  hundred 
and  seventy-three,  two  hundred  and  ninety-seven  and  four  hun- 
dred and  seventy-eight  of  the  acts  of  the  year  nineteen  hundred 
and  three;  chapters  ninety-six,  two  hundred  and  sixty-five,  three 
hundred  and  fifty-seven  and  four  hundred  and  twenty-nine  of 
the  acts  of  the  year  nineteen  hundred  and  four;  chapter  four 
hundred  and  eight  of  the  acts  of  the  year  nineteen  hundred  and 
five ;  and,  so  far  only  as  they  apply  to  railroads  or  street  rail- 
ways or  to  railroad  corporations  or  street  railway  companies  or 
to  their  officers,  agents  or  employees,  sections  thirteen,  fourteen, 
fifteen,  sixteen,  seventeen,  eighteen  and  twenty  of  chapter  one 
hundred  and  eight  of  the  Revised  Laws,  sections  seventeen  and 
eighteen  of  chapter  one  hundred  and  twenty-five  of  the  Revised 
Laws  and  section  thirty-nine  of  chapter  one  hundred  and  sixty- 
seven  of  the  Revised  Laws  are  hereby  repealed. 

Section  69.  The  provisions  of  this  act  so  far  as  they  are  the 
same  as  those  of  existing  statutes,  shall  be  construed  as  a  con- 
tinuation thereof  and  not  as  new  enactments,  and  a  reference  in 
a  statute  which  has  not  been  repealed  to  provisions  of  law  which 
have  been  wholly  or  partially  revised  and  re-enacted  herein  shall 
be  construed  as  applying  to  such  provisions  as  incorporated  in 
this  act.  The  repeal  of  a  law  by  this  act  shall  not  affect  any  act 
done,  ratified  or  confirmed,  or  any  right  accrued  or  established, 
or  any  action,  suit  or  proceeding  commenced  under  any  of  the 
laws  repealed  before  the  repeal  took  effect,  or  any  action,  suit  or 
prosecution  pending  at  the  time  of  the  repeal  for  an  offence  com- 
mitted, or  for  the  recovery  of  a  penalty  or  forfeiture  incurred, 
under  any  of  the  laws  repealed,  but  the  proceedings  shall,  when 
necessary,  conform  to  the  provisions  of  this  act.  Any  provision 
of  this  act  by  which  a  punishment,  penalty  or  forfeiture  is 
mitigated  may  be  extended  and  applied  to  any  judgment  pro- 
nounced after  said  repeal.  Whoever,  when  said  repeal  takes 
effect,  holds  an  office  under  any  of  the  laws  repealed  shall  con- 
tinue to  hold  it  according  to  the  tenure  thereof  unless  it  is 
abolished  or  unless  a  different  provision  relative  thereto  is  made 
bv  this  act. 


MATTERS    OF    CONSTRUCTION. 


35 


Part  II. 


OF   RAILROAD    ('<  >K1'<  >B  ATIOXS. 


Section 
1-2. 
3-5. 


8-12. 
13-28. 

29-30. 
31-32. 
33-39. 
40-17. 
48-56. 
57-62. 

63-64. 
65-70. 


71-125. 


(b). 
(c). 

(e). 
126. 


Matters  of  construction. 

Corporations  subject  to  the  provi- 
sions of  the  chapter. 

Bights   reserved   by   th< mmon- 

wealth. 

Special  charters. 

Incorporation  under  general  laws. 

<  Organization. 

Officers. 

Meetings. 

Capital  stock. 

Bonds  and  mortgages. 

Taking  securities  of  other  corpora. 
tions. 

Stock  and  scrip  dividends. 

Issue  of  capital  stock,  bonds, 
coupon  notes  and  other  evidences 
of  indebtedness. 

Location  and  construction  of  rail- 
road. 

Conditions  precedent  (71-72). 

Laying  out  railroad  (73-81). 

Taking  land  and  damages  therefor 
(82-100) . 

Embankments,  fences,  etc.  (101-104). 

Crossings  (105-125) . 

Branches  and  extensions. 


Section 

L27-128. 

129-204. 

(a). 

(6). 
(c). 

(d). 
(e). 

(/)• 

(</)■ 

(ft). 

(0. 

(i). 

20.5-210. 
211-217. 
21S-222. 
223-225. 
226-231. 
232-241. 
212-247. 
248-250. 
251-252. 
253-257. 


i  Opening  the  railroad  for  use. 

Equipment  and  operation. 

Drawbridges  (I2'.i-136). 

Stations  (137-140). 

Switches,  bridge  guards,  etc.  (141- 

143) . 
Signals,  etc.,  at  crossings  (144-156  . 
Equipment   of  engines   and   cars 

(157-180). 
Fares,  tolls,  charges,  etc.    181    L83  ■ 
Transportation  of  passengers  (184- 

191). 
Transportation  of  mails  (192-194 
Transportation     of      merchandise 

(195-201). 
Transportation  of  milk  (202-204). 
Connecting  railroads. 
Taxation. 

Liens  for  labor  and  materials. 
Change  of  name. 
Dissolution. 
Offences  and  penalties. 
Accidents. 
Books  and  return-. 
Railroads  for  private  use 
Corporations  to  construct  railroads 

in  foreign  countries. 


MATTERS    OF    CONSTRUCTION. 

Section  1.    In  this  act  unless  the  context  otherwise  requires:  Definitions 

"Railroad  and  railways"  means  all  railroads  and   railways  p.'s  iV_".  7  f 
except  tramways  in  mines  and  marine  railways.  lv!v  .-,>.     i 

"Railroad  "  means  a  railroad  or  railway  of  the  class  usually  r  °L;  fn  >  t 
operated  by  steam  power. 

"Railroad  corporation"  means  the  corporation  which  lays 
out,  constructs,  maintains  or  operates  a  railroad  of  the  class 
usually  operated  by  steam  power. 

"  Board  of  aldermen  "  or  "  selectmen  "  includes  the  hoard  or 
other  authority  exercising  the  powers  of  a  board  of  aldermen  or 
of  selectmen;  but  nothing  heroin  shall  he  construed  as  affecting 
the  veto  power  of  a  mayor  of  any  city. 

"Public  way"  means  any  way  laid  out  by  public  authority. 

Section  2.    The  duties  imposed  by  the  provisions  of  this  acl  Application  to 

,    -1  -i      r       •    •       i    •  i.      •         certain  matters 

upon  county  commissioners  as  a  tribunal  ot  original  jurisdiction  arising  in 
relative  to  the  fixing  of  routes  or  to  the  location,  construction,  Is'f i'/'-tj.  *  5. 
maintenance  and  operation  of  railroad-  shall,  in  the  city  of  Bos    p88^.' n2, V2. 
ton,  unless  it  is  otherwise  expressly  provided,  devolve  upon  the  r^'iu' II" 
hoard  of  aldermen  of  said  city.     When,  in  cases  arising  in  said 
city,  a  jury  is  required,  application  therefor  shall  be  made  to 
the  superior  court   in  the  manner  prescribed   in  section  ninety 
of  chapter  forty-eight  of  the  Revised  Laws,  and  duties  imposed 
upon  the  county  commissioners  by  reference  or  appeal  from  the 
board  of  aldermen  of  other  cities  shall  devolve  upon  the  hoard  of 
railroad  commissioners. 


36 


RIGHTS    RESERVED    BY    THE    COMMONWEALTH. 


Application 
for  jury  to 
superior  court. 
View. 

1821,  109,  §  S. 
K.  S.  24,  §  55. 
1849,  200. 
G.  S.  43.  5  79. 
1S70.  7.5,  §  2. 
1878,  75,  §  2. 
P.  S.  49,  §  86. 
1888,  397. 
1892,  415,  $  3. 
20  Pick.  201. 


Corporations 

subject  to  this 
chapter. 
R.  S.  39,  §  45. 
G.  S.  63,  §  1. 
1S74,  372,  §  4. 
P.  S.  112,  §  3. 
R.  L.  Ill,  §  3. 
174  Mass.  379. 


—  chartered 

by  concurrent 

legislation. 

1874,  372, 

§  169. 

P.  S.  112,  §  4. 

R.  L.  Ill,  §  4 


—  or  trustees 
operating  rail- 
roads of  other 
corporations. 
1874,  372,  §  3. 
P.  S.  112,  §  5. 
R.  L.  Ill,  §  5. 
127  Mass.  574. 
174  Mass.  379. 


Rights  re- 
served by  com- 
monwealth. 
R.  S.  39,  §  84. 
G   S.  63,  §  13S. 
L872    53,  §  18. 
1874,  372, 
§§  178,  180. 
P.  S.  112, 
§§6,  7. 
R.  L.  Ill,  §  6. 


Revised  Laws,  Chapter  48,  §  90. 

Section  00.  The  damages  sustained  in  any  ease  described  in  the 
preceding  section  shall  be  paid  by  the  city  of  Boston,  and  said  city  or 
any  party  interested  may,  within  the  time  specified  for  a  like  purpose 
in  section  twenty-eight,  tile  a  petition  for  a  jury  in  the  superior  court 
I'm-  the  county  of  Suffolk,  and  thereupon,  after  such  notice  as  the  court 
shall  order,  a  trial  shall  be  had  in  said  court  in  the  same  manner  as 
other  civil  cases  are  there  tried  by  jury  and,  on  request  of  either  party, 
the  jury  shall  take  a  view.         2  Met.  225.         12  Gray,  209.  14  Gray,  214. 

3  Allen,  538.  99  Mass.  236.  106  Mass.  553. 

Section  3.  Railroad  corporations  which  have  been  hereto- 
fore established  in  this  commonwealth  shall  be  subject  to  the 
provisions  of  Parts  I  and  II ;  which,  so  far  as  inconsistent  with 
charters  granted  since  the  eleventh  day  of  March  in  the  year 
eighteen  hundred  and  thirty-one,  shall  be  an  alteration  and 
amendment  thereof;  but  the  provisions  of  this  section  shall  not 
impair  the  validity  of  any  special  power  heretofore  conferred 
by  charter  or  other  special  act  upon  a  particular  railroad  cor- 
poration which  had  exercised  such  power  before  the  first  day  of 
February  in  the  year  eighteen  hundred  and  seventy-five,  or 
prevent  the  continued  exercise  thereof  conformably,  so  far  as 
may  be,  to  the  provisions  of  this  act. 

Section  4.  A  railroad  corporation  chartered  by  the  concur- 
rent legislation  of  this  and  other  states  shall,  as  regards  any 
portion  of  its  railroad  lying  within  this  commonwealth,  be  en- 
titled to  all  the  benefits  and  be  subject  to  all  the  liabilities  of 
the  railroad  corporations  of  this  commonwealth. 

Section  5.  If  a  railroad  which  has  been  laid  out  and  con- 
structed by  one  corporation  is  lawfully  maintained  and  operated 
by  another  corporation,  the  latter  corporation  shall  be  subject 
to  the  provisions  of  this  act  respecting  or  arising  from  the  main- 
tenance and  operation  of  such  railroad,  as  if  such  railroad  had 
been  laid  out  and  constructed  by  it.  If  a  railroad  is  lawfully 
maintained  and  operated  by  trustees,  they  shall  in  like  manner 
be  subject  to  the  provisions  of  law  respecting  or  arising  from  the 
maintenance  and  operation  of  such  railroad  which  apply  to  the 
corporation  for  wdiose  stockholders  or  creditors  they  are  trus- 
tees. 

RIGHTS    RESERVED    BY    THE    COMMONWEALTH. 

Section  6.  The  provisions  of  this  act  shall  not  impair  the 
rights  of  the  commonwealth  as  asserted  or  reserved  in  previous 
statutes,  and  the  common  wealth  may,  at  any  time  during  the 
continuance  of  the  charter  of  a  railroad  corporation  after  the 
expiration  of  twenty  years  from  the  opening  of  its  railroad  for 
use,  purchase  of  the  corporation  its  railroad  and  all  its  fran- 
chise, property,  rights  and  privileges  by  paying  therefor  such 
amount  as  will  reimburse  to  it  the  amount  of  capital  paid  in, 
with  a  net  profit  thereon  of  ten  per  cent  a  year  from  the  time  of 
i lie  payment  thereof  by  the  stockholders  to  the  time  of  the  pur- 
ehase. 


SPECIAL    CHARTERS,  ETC.  37 

Section  7.     The  commonwealth  may,  at  any  time  after  one  Common- 
year's  notice  in  writing  to  a  railroad  corporation,  take  and  pos-  take  railroad. 
sess  its  railroad,  franchise  and  other  property:   and   shall   pay  is™'.  372, 
therefor  such  compensation  as  may  be  awarded  by  three  com-  p1l.1ii2,  §  8. 
missioners,   who  shall  be   appointed  by   the   supreme   judicial  RL- in- §  '• 
court,  who  shall  be  sworn  to  appraise  the  same  justly  and  fairly, 
and  who  shall  estimate  and  determine  all  damages  sustained  by 
it   by  such  taking.     A  corporation  which  is  aggrieved  by  their 
determination  may  have  its  damages  assessed  by  a  jury  in  the 
superior  court  for  the  county  of  Suffolk,   in  the  maimer  pro- 
vided in  section  ninety  of  chapter  fortv-eiffht  of  the  Revised  [ForR.L.48, 

v  i.  «/         o  §  y(j,  see  oppo- 

L.aWS.  8ite  Page.] 

SPECIAL    CHARTERS. 

Section  8.     A  petition  to  the  general  court,  for  a  charter  for  Petition  for 
a  railroad  corporation  shall  not  be  acted  upon,  unless  it  is  ac-  accompanied 
companied  by  a  map  of  the  route  on  an  appropriate  scale,  with  engineer.1  ° 
a  profile  thereof  on  a  vertical  scale  of  ten  to  one  as  compared  "^  \% 
with  the  horizontal  scale,  and  by  the  report  of  a  competent  en-  ^4|-  ||-J  §46x- 
gineer,  based  on  actual  examination   and  survey,   showing  the  q84!'^31*  *132- 
kind  and  amount  of  excavation,  filling,  bridging  and  masonry  £  f;  VA>  ^^ 
required,  the  grades,  the  number  of  highways  and  of  other  rail- 
roads, and  of  navigable  streams  and  tide  waters,  to  be  crossed, 
and  the  manner  of  crossing  the  same,  the  general  profile  of  the 
surface  of  the  country  through  which  the  railroad  is  to  pass,  the 
feasibility  of  the  route,  the  manner  of  constructing  the  railroad, 
and  a  detailed  estimate  of  the  cost  of  construction. 


PETITIONS    TO    THE    GENERAL    COURT. 
Revised  Laws,  Chapter  3,  §§  5,  7. 

Section  5.    Whoever  intends  to  present  to  the  general  court  a  peti-  Notice  of  cer- 

tion  for  the  incorporation  of  a  city  or  town,  for  the  division   of  an  to  bepub-0nS 

existing-  city  or  town,  for  the  incorporation  of  a  railroad,  street  railway,  ^flf*1^  *  i 

elevated  railroad  or  canal  company  or  for  the  amendment,  alteration  1832J  59! 

or  extension  of  the  charter  or  corporate  powers  or  privileges  of  any  1857,261; 

such  company,  whether  specially  incorporated  or  organized  under  gen-  q  g-4." 

eral  laws,  or  for  authority  to  take  water  for  a  water  supply,  or  relative  6S  8— 11. 

to  building  structures  over  navigable  or  tide  waters,  shall   give  notice  i>.'s.'i\  $$V>  s! 

of  such  petition  by  publishing  a   copy  thereof  once  in   each   of  three  js^' fi,','.*  '' 

successive  weeks  in  such  newspaper  or  newspapers  as  the  secretary  of  l,1 '  N!:j:s.s- 592, 
the  commonwealth,   having  regard  to  the  locality  of  the  interests  in- 
volved in  such   petition,  shall   direct;   the   last    publication   to  be  made 
at  least  fourteen  days  before  the  session  at  which  the  petition  is  to  he 
presented. 

Sectiox  7.     On  or  before  the  first   day  of  January,  a    petit  inn   de-  Deposit  of 

scribed   in  section  five  shall  be  deposited   in    the  office  of  the  secretary  '/^""{n  $  5 

of   the  commonwealth   and  a   petition   described   in   section   six  shall   lx  G.  S .  2,  §  12. 

deposited  in  the  office  of  the  secretary  of  the  hoard  of  education,  with  \\*'.>. 

proof  of  publication  satisfactory  to  the  secretary   with   whom   it    is  so  ffgjj  24   §2. 

deposited,   and    he    shall    transmit    it   to    the    general    court    during   the  1896, 381,  §  2. 
I'rst   week  of  the  session  with  an  endorsement   that  the  required  publica- 
tion has  been  made. 


32 


38 


INCORPORATION    UNDER    GENERAL    LAWS. 


Plans,  etc.,  to 
be  deposited  in 
state  library. 
IMS.  140. 
G.  S.  63,  §  14. 


Petition  not  to 
be  acted  upon 
until  notice, 

is.;.;,  176. 
I!    S.  39,  §  47. 
G.  S.  63,  §  IS 
P.  S    112,  §  31. 
R.  L.  Ill,  §  32. 


Railroad  to  lie 

within  limits 

specified. 

H.  S.  39,  §  48. 

G.S.  63,  §  16. 

P.  S.  112,  §  32. 

R.  L.  Ill,  §  33. 


Chartered 
railroads  to  be 
located,  etc., 
under  this 
chapter. 
1S74,  372,  §  33. 
P.  S.  112,  §  33. 
1882,  265,  §  3. 
R.  L.  Ill,  §  34. 


Section  9.  Plans  and  profiles  which  may  be  presented  to  a 
committee  of  the  general  court  in  the  hearing  of  a  petition  for 
such  a  charter  shall  be  deposited  by  it  in  the  state  library. 

P.  S.  112,  §  30.  R.  L.  in,  §  31. 

Section  10.  Such  petition  shall  not  be  acted  upon,  until 
notice  thereof  has  been  published  according  to  law,  designating 
the  route  with  such  certainty  as  to  give  reasonable  notice  to  all 
persons  interested  therein  that  their  rights  may  be  affected  by 
the  granting  of  the  petition,  and  that  they  may  have  an  oppor- 
tunity to  appear  and  object  thereto. 

Section  11.  Every  charter  shall  confine  the  railroad  within 
the  limits  indicated  by  the  notice  required  in  the  preceding  sec- 
tion, shall  specify  the  several  cities  and  towns  through  which 
the  railroad  may  pass,  and  shall  otherwise  designate  the  route 
thereof  with  as  much  certainty  as  the  nature  of  the  case  will 
admit. 

Section  12.  The  route  of  the  railroad  of  a  corporation  es- 
tablished by  special  charter,  and  of  its  branches  and  extensions, 
shall  be  fixed  according  to  the  provisions  of  sections  twenty  and 
twenty-one  except  so  far  as  they  may  have  been  fixed  by  special 
statute ;  and  such  railroad,  branches  and  extensions  shall  be 
located  and  constructed  according  to  the  provisions  of  this  act 
regulating  the  location  and  construction  of  railroads  by  cor- 
porations incorporated  under  general  laws,  except  that  section 
eighteen  shall  not  apply,  if  authority  so  to  locate  and  construct 
has  been  granted  by  special  act  of  the  general  court. 


Incorporation 
of  railroad 
corporations. 
1872,53,  §  1. 
1S74,  372,  §  19. 


Agreement  of 
association, 
corporate 
name,  etc. 
1872,  53,  §  2. 
1874,  298;  372, 
§  20. 

1878,  236,  §  1. 
P.  S.  112,  §  35. 
R.  L.  Ill,  §36. 
R.  L.  109,  §  8. 


INCORPORATION    UNDER    GENERAL    LAWS. 

Formation. 

Section  13.  Fifteen  or  more  persons  may  associate  them- 
selves by  a  written  agreement  of  association  with  the  intention 
of  forming  a  railroad  corporation. 

P.  S.  112,  §  34.  R.  L.  Ill,  §35.  124  Mass.  368. 

Section  11.     The  agreement  of  association  shall  state :  — 

(a)  That  the  subscribers  thereto  associate  themselves  writh  the 
intention  of  forming  a  railroad  corporation. 

(b)  The  corporate  name  assumed,  which  shall  be  one  not  in 
use  by  any  other  railroad  corporation  in  this  commonwealth,  or, 
in  the  judgment  of  the  board  of  railroad  commissioners,  so 
similar  thereto  as  to  be  likely  to  be  mistaken  for  it,  and  which 
shall  contain  the  words,  "  railroad  corporation ",  at  the  end 
thereof. 

(c)  The  termini  of  the  railroad. 

(d)  The  length  of  the  railroad,  as  nearly  as  may  be. 

(e)  The  name  of  each  county,  city  and  town  in  which  the 
railroad  is  to  be  located. 

(f)  The  gauge  of  the  railroad,  which  shall  be  either  four  feet 
eight  and  one  half  inches,  or  three  feet. 

(rj)  The  total  amount  of  the  capital  stock  of  the  corporation, 
which  shall  be  not  less  than  ten  thousand  dollars  for  each  mile, 


INCORPORATION    UNDER    GENERAL    LAWS.  39 

if  the  gauge  is  four  feet  eight  and  one  half  inches,  and  not  less 
than  five  thousand  dollars  for  each  mile,  if  the  gauge  is  three 
feet. 

(/i)  The  par  value  of  the  shares,  which  shall  he  one  hundred 
dollars. 

(i)  The  names  and  residences  of  at  least  five  persons,  who 
shall  he  subscribers  to  the  agreement  of  association,  to  act  as 
directors  until  others  are  chosen  and  qualified  in  their  stead. 

Each  associate  shall  subscribe  to  the  agreement  of  associa- 
tion his  name,  residence,  post  office  address,  and  the  number  of 
shares  of  stock  which  he  agrees  to  take;  but  no  subscriber  shall 
be  bound  to  pay  more  than  ten  per  cent  of  the  amount  of  his 
subscription  unless  a  corporation  is  incorporated. 

Section  15.     The  associates  mav  from  time  to  time,  at  a  Associates' 


meeting  called  for  the  purpose,  reduce  the  amount  of  the  capital  i872?53? 
stock,  but  not  below  the  limit  prescribed  in  the  preceding  sec-  fl74, 372,  §  21. 


tion ;  and  they  may,  in  like  manner,  change  the  gauge  of  their  ^  lAu  §§336? 
railroad  to  the  other  gauge  allowed  by  said  section.  The  direc- 
tors shall  appoint  a  clerk  and  a  treasurer,  who  shall  hold  their 
respective  offices  until  a  clerk  and  a  treasurer  of  the  corporation 
are  chosen  and  qualified  in  their  stead.  The  directors  shall  fill 
any  vacancy  in  their  board,  or  in  the  office  of  clerk  or  treasurer, 
before  the  organization  of  the  corporation. 

Section  16.     The  directors,  before  fixing  the  route  of  the  Publication  of 
railroad  as  hereinafter  provided,  shall  cause  a  copy  of  the  agree-  ofussociation. 
ment  of  association  to  be  published  in  a  newspaper,  if  any,  pub-  \s:t  372*^2. 
lished  in  each  of  the  cities  and  towns  in  which  the  railroad  is  to  f{  L.111  §  :1s' 
be  located,  and  if,  in  any  county,  a  newspaper  is  published  in 
none  of  said  cities  and  towns  therein,  in  such  newspaper  pub- 
lished in  said  county  as  shall  be  designated  by  the  board  of 
railroad  commissioners,  at  least  once  in  each  of  three  successive 
weeks ;  and,  three  weeks  before  fixing  said  route,  shall  also  cause 
a  copy  of  said  agreement  to  be  posted  in  two  or  more  public 
places  in  each  of  said  cities  and  towns  in  which  said  railroad  is 
to  be  located ;  and  the  sworn  certificate  of  the  clerk  shall  be  con- 
clusive evidence  of  such  publication  and  posting. 

Section  17.     The  directors  shall  prepare  a  map  of  the  route  Mapof  route, 
on  an  appropriate  scale,  with   a   profile  thereof  on   a    vertical  en^inee'rand 
scale  of  ten  to  one  as  compared  with   the  horizontal  scale,  and  1871™ 53^§  6; 
shall    procure   the   report   of  a   competent   engineer,    based    on   H^slb, § 23. 
actual  examination  and  survey,  showing  the  kind  and   amount  r.  f,'.  in' f  lii 
of  excavation,  filling,  bridging  and  masonry  required,  the  grades,  l24Mass  375. 
the  number  of  highways  and  of  other  railroads,  and   of  navi- 
gable streams  and  tide  waters,  to  lie  crossed,  and  the  manner  of 
crossing  the  same,   the  general    profile  of  the   surface  of  the 
country  through   winch   the  railroad   is  to  pass,   the   feasibility 
of  the  route,  the  manner  of  constructing  the  railroad,  and  a  de- 
tailed estimate  of  the  cost  of  construction. 

Section  18.     After  compliance  with  the  provisions  of  ^r-  Certificate 
tions  thirteen  to  sixteen,  inclusive,  and  within  thirty  days  after 
the  first  publication  of  notice  of  the  agreemenl   of  association  Ixiger! 


of  public 
com  enience 

and  necessity. 
snej 


40  INCORPORATION  UNDER  GENERAL  LAWS. 

rSl'  111'  1 46  ^erein  required,  the  directors  therein  named  shall  apply  to  the 
board  of  railroad  commissioners  for  a  certificate  that  public  con- 
venience and  necessity  require  the  construction  of  a  railroad  as 
proposed  in  such  agreement.  If  said  board  refuses  to  issue  such 
certificate,  no  further  proceedings  shall  be  had,  but  the  applica- 
tion may  be  renewed  after  one  year  from  the  date  of  such  re- 
fusal. 

Submission  of         Section  19.     The  directors  shall  submit  said  map  and  report 

nmp    etc.    to 

board  of  aider-  to  the  board  of  aldermen  of  every  city  and  to  the  selectmen  of 
1873,  m,  §  2.    every  town  named  in  the  agreement  of  association,  who  shall 
p.  s.' ii2,' §  39!  thereupon   appoint  a  time  and  place  for  a  hearing,   of  which 
'    •      •»    ■  liotice  shall  be  given  by  publication  in  a  newspaper  published 
in  said  city  or  town,  or  if  none  is  published  therein,  in  such 
newspaper  published  in  the  county  in  which  said  city  or  town 
is  situated  as  shall  be  designated  by  the  board  of  railroad  com- 
missioners, at  least  once  in  each  of  two  successive  weeks,  the  last 
publication  to  be  at  least  two  days  before  the  hearing;  and  by 
posting  copies  of  said  notice  in  two  or  more  public  places  in 
said  city  or  town  at  least  two  weeks  before  such  hearing. 

Route  may  be        Section  20.    If  the  board  of  aldermen  of  a  city  or  the  select- 
agreed  upon.  .  »    . 
[|72, 53,  §  7;     men  of  a  town  named   in  the  agreement  of  association,   after 

i874,'372,  §  25.  such  notice,  exhibition  of  the  map  and  the  hearing,  agree  with 

P   S    112    §  40  .  • 

r.  l.  111,  §  42!  the  directors  as  to  the  said  route  or  as  to  any  route  of  the  rail- 
road in  said  city  or  town,  they  shall  in  such  agreement  fix  the 
route,  and  sign  and  give  to  the  directors  a  certificate  setting  it 
forth. 
fixedahbe  Section  21.     If  they  fail  so  to  agree,  the  directors  may  peti- 

boardof  tion  the  board  of  railroad  commissioners  to  fix  the  route  in  said 

railroad  com-  .  i         •  i   i  i         c  •  •  -i   1  i       <>      i  1 

missioners  city  or  town  ;  and  said  board,  alter  notice  to  said  board  01  alder- 
1872, 53,  §8:  men  or  selectmen,  shall  hear  the  parties,  and  fix  the  route  in 
1874, 372,  §  26.  such  city  or  town,  and  make  a  certificate  setting  forth  the  route 
r  l.  in',  1 43  as  fixed  by  it,  which  shall  be  certified  by  its  clerk  to  the  direc- 
124  Mass.  376.   ^org#     ^he  costs  0f  the  petition  shall  be  paid  by  the  directors. 

All  variations  from  the  route  first  proposed  shall  be  made  upon 

the  map. 
Spurs  and  Section  22.     The  route  fixed  under  the  provisions  of  the  two 

branches.  .  .  r 

1873, 121,  |  x  preceding  sections  may  include  such  spurs,  branches  and  con- 
p.  s.'112'l  42.  necting  and  terminal  tracks  in  any  city  or  town  as  mav  be  nee- 

"R    T     111     §  44 

124  Mass.' 376.'  essary  to  enable  the  corporation  conveniently  to  collect  and 
deliver  passengers  and  freight  therein ;  but  no  such  branches, 
spurs  or  connecting  or  terminal  tracks  shall  be  laid  longitudi- 
nally within  the  limits  of  a  public  way  without  the  consent  of 
the  board  of  aldermen  or  the  selectmen,  who,  in  giving  such 
consent,  may  impose  such  conditions  as  to  the  location,  construc- 
tion and  use  thereof  as  may  be  agreed  upon  between  themselves 
and  the  directors.  A  corporation  which  owns  or  operates  any 
such  tracks  so  laid  longitudinally  in  a  public  way  shall,  in  re- 
spect to  ^he  same,  be  liable  to  the  city  or  town  for  all  loss  or 
damage  caused  to  it  by  the  construction  and  use  of  such  tracks 
and  by  the  negligence  or  default  of  the  agents  or  workmen  of 
such  corporation  on  such  way. 


INCORPORATION    UNDER    GENERAL    LAWS.  ±\ 

Section  23.     When  the  amount  of  capital  .-tuck  named  in  the  Certificate. 

agreement  of  association  has  been  subscribed  in  good  faith  by  report'tobe 

responsible  persons,  and  ten  per  cent  of  the  par  value  of  each  boa?dofd  Wlth 

share  has  been  actually  paid  in  cash  to  the  treasurer,  the  direc-  ^'i',-'/,1.',1,. 

tors,  clerk  and  treasurer  shall  annex  to  the  agreement  of  associa-  }IU •:"'•-• 

tion  their  certificate  setting  forth  these  facts,  and  that  it  is  in-  £•  §.  112,  f  43. 
,    1   .  t  j.  .  ,  ,  '.  ,  R.  l.  111, 5  4.3. 

tended  m  good  iaitn  to  locate,  construct,  maintain  and  operate 

the  railroad  upon  the  route  fixed,  shall  also  annex  to  said  agree- 
ment the  certificate  of  publication  specified  in  section  sixteen, 
and  the  several  certificates  fixing  the  route,  shall  presenl  the 
same  for  inspection  to  the  board  of  railroad  commissioners,  and 
shall  at  the  same  time  deposit  in  the  office  of  said  board  the 
report  of  the  engineer  and  the  map. 

Section  2-i.     When  it  is  shown  to  the  satisfaction  of  the  Certificate  of 
board  of  railroad  commissioners  that  the  requirements  of  this  Filing, 
chapter  preliminary  to  the  incorporation  of  a  railroad  corpora-  incorporation, 
tion  have  been  complied  with,  and  that  an  amount  sufficient  in  J?!; 372,V29. 
its  judgment  to  pay  all  damages  immediate  or  consequential  p88s.'n2§44 
which  mav  be  occasioned  by  laving  out,  making  and  maintain-  R.  l.  111,  j -u>. 
ing  the  railroad,  or  by  taking  any  land  or  materials  therefor, 
has  in  good  faith  been  paid  in  cash  to  the  treasurer,  and  when 
said  board  is  satisfied  by  a  bond,   or  such  other  assurance  of 
good  faith  as  it  may  consider  necessary  and  require,  that  said 
amount  will  remain  in  the  hands  of  said  treasurer  until  it  is 
drawn  out  for  the  lawful  expenditures  of  the  corporation,  the 
clerk  of  said  board,  upon  its  order,  shall  annex  to  the  agreement 
of  association  a  certificate  stating  that  such  requirements  have 
been   complied   with.      The    directors   shall    thereupon    file   the 
agreement  of  association,  with  all  the  certificates  annexed  thereto, 
in  the  office  of  the  secretary  of  the  commonwealth;  who,  upon 
the  payment  to  him  of  a  fee  of  fifty  dollars,  shall  receive  and 
preserve  the  same  in  form  convenient  for  reference  and  open  to 
public  inspection,  and  shall  thereupon  issue  a  certificate  of  in- 
corporation substantially  in  the  following  form:  — 

Commonwealth  of  Massachusetts. 
Be  it  known  that  whereas  ("names  of  the  subscribers  to  the  agreement   Fo^of. 

,  l  certificate. 

of  association]  have  associated  themselves  with  the  intention  of  forming 
a  corporation  under  the  name  of  the  [name  of  the  corporation],  for 
the  purpose  of  locating,  constructing,  maintaining  and  operating  a  rail- 
road [description  of  the  railroad  as  in  the  agreement  of  association], 
and  have  complied  with  the  statutes  of  this  commonwealth  in  such  cases 
made  and  provided:  New.  therefore,  I,  secre- 

tary of  the  commonwealth  of  Massachusetts,  do  hereby  certify  thai  the 
persons  aforesaid,  their  associates  and  successors,  are  legally  estab- 
lished as  a  corporation  under  the  name  of  the  [name  of  the  corpora- 
tion], with  all  the  powers  and  privileges,  and  subjeel  to  all  the  duties. 
liabilities  and  restrictions,  set  forth  in  all  general  laws  which  now  are 
or  hereafter  may  be  in  force  relating  to  railroad  corporations. 

Tn  witness  whereof,  I  have  hereunto  subscribed  my  official  signature, 
and  affixed  the  Great  Seal  of  said  commonwealth,  this  day 

of  ,  in  the  year  ['lay,  month  and  year.] 


42 


ORGANIZATION. 


Certificate  to 
be  recorded. 


Increase  and 
reduction  of 
capital  stock. 

1872,  .53,  §  15. 

1873,  121,  §  1. 
P.  S.  112,  §  45, 
R.  L.  Ill,  §48, 


Change  of 
gauge  regu- 
lated. 
1879,  156. 


Proceedings 

void. 

1882,  265,  §  2. 

R.  L.  Ill,  §  47 


Limit  of  time 
for  construc- 
tion of  rail- 
road. 

1872,  53,  §  16. 
P.  S.  112,  §  45. 
R.  L.  Ill,  §  48. 


Capital  stock 
of  narrow- 
gauge  rail- 
roads. 
1874,  298. 
P.  S.  112,  §  45. 
R.  L.  Ill,  §  48. 


The  secretary  of  the  commonwealth  shall  sign  the  certificate 
of  incorporation,  and  cause  the  Great  Seal  of  the  commonwealth 
to  be  thereto  affixed,  and  such  certificate  shall  have  the  force 
and  effect  of  a  special  charter.  The  secretary  of  the  common- 
wealth shall  also  cause  a  record  of  the  certificate  of  incorpora- 
tion to  be  made,  and  such  certificate,  or  such  record,  or  a  certi- 
fied copy  thereof,  shall  be  conclusive  evidence  of  the  existence 
of  such  corporation. 

Section  25.  If  the  capital  stock  fixed  in  the  agreement  of 
association  is  found  to  be  insufficient  for  the  construction  and 
equipment  of  the  railroad,  the  corporation  at  a  meeting  called 
for  the  purpose  may,  subject  to  the  provisions  of  section  sixty- 
five,  increase  the  same,  from  time  to  time,  to  the  amount  neces- 
sary for  those .  purposes.  It  may,  at  a  meeting  called  for  the 
purpose,  reduce  the  amount  of  the  capital  stock,  but  not  below 
the  limit  prescribed  in  section  fourteen.  It  may,  also,  in  like 
manner,  change  the  gauge  to  the  other  authorized  gauge ;  but  a 
corporation  organized  to  construct  its  railroad  on  a  gauge  of 
three  feet  shall  not  change  such  gauge  to  four  feet  eight  and  one 
half  inches  without  complying  with  all  provisions  of  law  rela- 
tive to  the  capital  stock  of  railroads  of  the  broad  gauge ;  and 
the  fact  that  such  provisions  have  been  complied  with  shall  be 
shown  to  the  satisfaction  of  the  board  of  railroad  commissioners, 
and  indorsed  by  its  clerk  upon  the  certificate  of  such  change  of 
gauge  before  it  is  filed  in  the  office  of  the  secretary  of  the  com- 
monwealth. A  certificate  of  the  increase  or  reduction  of  capital 
or  change  of  gauge  shall,  within  thirty  days  thereafter,  be  filed 
in  the  office  of  the  secretary  of  the  commonwealth. 

Section  26.  The  agreement  of  association,  and  all  proceed- 
ings thereunder,  including  the  fixing  of  the  route,  shall  be  void, 
unless  the  certificate  of  incorporation  is  issued  within  one  year 
after  the  time  the  route  is  fixed  as  provided  in  section  twenty 
or  twenty-one. 

Section  27.  If  a  corporation  does  not  begin  the  construc- 
tion of  its  railroad  and  expend  thereon  at  least  ten  per  cent  of 
the  amount  of  its  original  capital  stock  within  two  years  after 
the  date  of  its  certificate  of  incorporation,  and  does  not  com- 
plete and  open  its  railroad  for  use  within  four  years  after  said 
date,  its  corporate  powers  and  existence  shall  cease. 

Section  28.  A  corporation  which  has  a  railroad  of  the  gauge 
of  three  feet  shall  not  begin  running  its  trains,  until  its  paid-up 
capital  stock  is  equal  to  one  half  of  its  cost,  including  equip- 
ment. 


organization. 


First  meeting 
of  incorpora- 
tors. 

R.  L.  109, 
S§  13,  14. 
R.  L.  110,  §  17. 
R.  L.  Ill,  §  48. 
See  1903,  437, 
§9. 


Section  29.  Upon  the  issue  of  such  certificate  of  incorpora- 
tion, the  first  meeting  of  the  incorporators  shall  be  called  by  a 
notice  signed  by  a  majority  of  the  directors ;  and  such  notice 
shall  state  the  time,  place  and  purposes  of  the  meeting.  A  copy 
of  such  notice  shall,  seven  days  at  least  before  the  day  appointed 
for  the  meeting,  be  given  to  each  incorporator  or  left  at  his 


OFFICERS.  43 

residence  or  usual  place  of  business,  or  deposited  in  the  post 
office,  postage  prepaid,  and  addressed  to  him  at  his  residence  or 
usual  place  of  business,  and  another  copy  thereof,  and  an  affi- 
davit of  the  clerk  that  the  notice  has  been  duly  served,  shall  be 
recorded  with  the  records  of  the  corporation.  If  all  of  the  in- 
corporators shall  in  writing  waive  such  notice,  and  fix  the  time 
and  place  of  the  meeting,  no  notice  shall  be  required. 

Section  30.     At  such  first  meeting,  or  at  any  adjournment  Organization, 
thereof,  the  incorporators  shall  organize  by  the  adoption  of  by-  §§  4,'  5. 
laws,  and  by  the  election,  by  ballot,  of  not  less  than  five  direc-  is'to,  224; /io. 
tors.     The  clerk  appointed  by  the  directors  under  section  fifteen  r.  |".  no,  1 19'. 
shall  make  and  attest  a  record  of  the  proceedings  until  the  clerk  feio!903,  437, 
has  been  chosen  and  sworn,  including  a  record  of  such  choice 
and  qualification. 

OFFICERS. 

Section  31.    The  business  of  every  corporation  shall  be  man-  officers, 
aged  and  conducted  by  a  president,  a  board  of  not  less  than  five  r!  l.'  111*  §  ss'. 
directors,  a  clerk,  a  treasurer  and  such  other  officers  and  such  l^903,  43,> 
agents  as  the  corporation  by  its  by-laws  shall  authorize. 

Section  32.     The  directors  shall  be  elected  annually  by  the  Election  of 
stockholders  by  ballot,  and  the  president  shall  be  elected  annu-  RffiL.rTio, 
ally  by  and  from  the  board  of  directors,  and  the  treasurer  and  R§  iTm,  §  58. 
the  clerk  annually  by  said  board.     Every  director,  unless  the  fef81903, 437, 
by-laws  otherwise  provide,  shall  be  a  stockholder.     The  treas- 
urer may  be  required  to  give  a  bond  for  the  faithful  perform- 
ance of  his  duty  in  such  sum  and  with  such  sureties  as  the  by- 
laws may  prescribe.     The  clerk,  who  shall  be  a  resident  of  this 
commonwealth,  shall  be  sworn,  and  shall  record  all  votes  of  the 
corporation  in  a  book  to  be  kept  for  that  purpose.     The  officers 
of  a  corporation  shall  hold  office  for  one  year  and  until  their 
successors  are  chosen  and  qualified.     The  manner  of  choosing 
or  of  appointing  all  other  agents  and  officers  and  of  filling  all 
vacancies  shall  be  prescribed  by  the  by-laws,  and,  in  default  of 
provision  by  such  by-laws,  vacancies  may  be  filled  by  the  board 
of  directors. 

Acts  of  1907,  Chapter  282. 
An  Act  relative  to  Changes  in  Officers  of  Domestic  Corporations. 

Section  1.    Whenever  any  change  is  made  in  the  officers  of  a  domestic  Changes  in 
corporation  the  corporation  shall  forthwith  file  in  the  office  of  the  com-  notice%tc. 
missioner   of   corporations    a   certificate    of   such    change,    signed    and 
sworn  to  by  the  president,  clerk  and  a  majority  of  its  directors. 

Section  2.     Any  such  corporation   which   (units  to  make  and   file  a   Clerk  to  be 
certificate  as  aforesaid  within  thirty  days  after  such  a  change  has  been   Common 
made,  or  which  fails  to  keep  a  clerk  of  the  corporation  in  this  Common-  wealth- 
wealth,  shall  forfeit  not  more  than  five  hundred  dollars,  to  lie  recovered   1'cnalty. 
in  the  manner  prescribed  by  section  fifty  of  chapter  four  hundred  and 
thirty-seven  of  the  acts  of  the  year  nineteen  hundred  and  three. 

Section  3.    Every  officer  of  such  corporation  who  fails  to  perform    Penalty  for 
any  duty  imposed  upon  him  by  this  act  shall  be  liable  to  a  fine  of  not 
more  than  five  hundred  dollars.     [Approved  April  G}  1907. 


44 


MEETINGS. 


Meetings  of 
stockholders. 
R.  L.  Ill,  §  55. 
See  190B,  437, 
§  20. 


Notice  of 
meeting. 


Quorum,  etc. 


Meetings 
may  be  called 
under  warrant 
by  justice  of 
the  peace  in 
cases. 
1833,  49. 
R.  S.44,  §  4. 
G.  S.  68,  §  5. 
P.  S.  105,  §  11. 
R.  L.  109,  §  15. 
See  1903,  437, 
§  21. 


Special 
meetings. 
R.  L.  Ill,  §  56. 
See  1903,  437, 
§  22. 


Voting  righ 
of  corporation 
upon  its  own 
stock. 

—  of  stock- 
holders; 
proxies. 
R.  L.  110,  §  25. 
R.  L.  Ill,  §  57. 
See  1903,  437, 
§  24. 


—  of  fiduciary 
stockholders. 
1829,  53,  §  12. 
R.  S.  38,  §  35. 


MEETINGS. 

Section  33.  There  shall  be  an  annual  meeting  of  the  stock- 
holders, and  the  time  and  place  of  holding  it,  and  the  manner 
of  conducting  it,  shall  be  fixed  by  the  by-laws.  All  meetings  of 
stockholders  shall,  unless  the  by-laws  otherwise  provide,  be  held 
in  the  commonwealth;  and  shall  be  called,  and  notice  thereof 
given,  in  the  manner  provided  in  the  by-laws  of  the  corpora- 
tion; or,  if  the  by-laws  make  no  provision  therefor,  shall  be 
called  by  the  president,  and  a  written  or  printed  notice,  stating 
the  place,  day  and  hour  thereof,  given  by  the  clerk,  at  least  seven 
days  before  such  meeting,  to  each  stockholder  by  leaving  such 
notice  with  him  or  at  his  residence  or  usual  place  of  business, 
or  by  mailing  it,  postage  prepaid,  and  addressed  to  each  stock- 
holder at  his  address  as  it  appears  upon  the  books  of  the  corpo- 
ration. Unless  the  by-laws  otherwise  provide,  a  majority  in  in- 
terest of  all  stock  issued  and  outstanding  and  entitled  to  vote 
shall  constitute  a  quorum.  Notices  of  all  meetings  of  stock- 
holders shall  state  the  purposes  for  which  the  meetings  are  called. 
No  notice  of  the  time,  place  or  purpose  of  any  regular  or  special 
meeting  of  the  stockholders  shall  be  required,  if  every  stock- 
holder, or  his  attorney  thereunto  authorized,  by  a  writing  which 
is  filed  with  the  records  of  the  meeting,  waives  such  notice. 

Section  34.  If,  by  reason  of  the  death  or  absence  of  the  offi- 
cers of  a  corporation  or  other  cause,  there  is  no  person  author- 
ized to  call  or  preside  at  a  legal  meeting,  or  if  the  clerk  or  other 
officer  refuses  or  neglects  to  call  it,  a  justice  of  the  peace  may, 
upon  written  application  of  three  or  more  of  the  stockholders, 
issue  a  warrant  to  any  one  of  them,  directing  him  to  call  a  meet- 
ing by  giving  such  notice  as  is  required  by  law,  and  may,  by  the 
same  warrant,  direct  him  to  preside  at  the  meeting  until  a  clerk 
is  chosen  and  qualified,  if  no  officer  of  the  corporation  is  present 
who  is  legally  authorized  to  preside. 

Section  35.  A  special  meeting  of  the  stockholders  shall  be 
called,  and  a  written  or  printed  notice  thereof,  stating  the  time, 
place  and  purpose  of  the  meeting,  given,  by  the  clerk  upon 
written  application  of  three  or  more  stockholders  who  are  en- 
titled to  vote,  and  who  hold  at  least  one  tenth  part  in  interest  of 
the  capital  stock. 

Section  36.  A  corporation  shall  not,  directly  or  indirectly, 
vote  upon  any  share  of  its  own  stock. 

R.  L.  Ill,  §  57.  See  1903,  437,  §  23. 

Section  37.  Stockholders  who  are  entitled  to  vote  shall  have 
one  vote  for  each  share  of  stock  owned  by  them.  Stockholders 
may  vote  either  in  person  or  by  proxy.  No  proxy  which  is 
dated  more  than  six  months  before  the  meeting  named  therein 
shall  be  accepted,  and  no  such  proxy  shall  be  valid  after  the 
final  adjournment  of  such  meeting. 

Section  38.  Executors,  administrators,  conservators,  guard- 
ians, trustees  or  persons  in  any  other  representative  or  fiduciary 


CAPITAL    STOCK.  }.") 

capacity  may  vote  as  stockholders  upon  stock  held  in  such  ca-  i838,  9s,  §  2. 

paeity.     R-  L- 109-  § 17-      See  1903'  437-  §  29-      9  Cush- 192-      101  Mas*-  398-      p.'  s'  105  V13 

Section  39.    Meetings  of  the  hoard  of  directors  may  he  held  Meetings  of 

*^  directors. 

within   or   without   the   commonwealth.      Any   meeting   of   the  See  1903, 437, 
board  of  directors  shall  be  a  legal  meeting  without  notice,  if 
each  director,  who  is  absent,  by  a  writing  which  is  filed  with 
the  records  of  the  meeting,  waives  such  notice. 

capital  stock. 
Section  40.     Each  stockholder  shall  be  entitled  to  a  certifi-  stock  certifi- 
cate, which  shall  be  signed  by  the  president  and  bv  the  treas-  g-  \-  JJ9'  f  '-I- 

r  .  ,'  r  rr>  J  ,  K.  L.  Ill,  §  59. 

urer  of  the  corporation,  or  by  such  other  officers  as  may  be  au-  See  1903,  437, 
thorized  by  the  by-laws,  shall  be  sealed  with  its  seal,  and  shall 
certify  the  number  of  shares  owned  by  him  in  such  corporation. 

Section  41.     The  delivery  of  a  certificate  of  stock  by  the  Transfer  of 
person  named  as  the  stockholder  in  such  certificate  or  by  a  per-  i8°33,'i87,  §  8. 
son  entrusted  by  him  with  its  possession  for  any  purpose  to  a  q[  f ;  If ;  f  If 
bona  fide  purchaser  or  pledgee  for  value,  with  a  written  trans-  \H\'  |^|  5 44- 
fer  thereof,  or  with  a  written  power  of  attorney  to  sell,  assign  or  £■  ?■  \}&  f  jjg- 

ci  •  i    1  1  i  i  R.  L.  109,  §3i. 

transfer  the  same,   signed  by  the  person  named   as  the  stock-  R-L.  in,§59. 

.  1903    423    437 

holder  in  such  certificate,  shall  be  a  sufficient  delivery  to  trans-  §  28.' 
fer  title  as  against  all  persons ;  but  no  such  transfer  shall  affect  227. ra 
the  right  of  the  corporation  to  pay  any  dividend  due  upon  the  1  Alien!  is2 
stock,  or  to  treat  the  holder,  of  record  as  the  holder  in  fact  until  \fg  $£1.  649' 
it  has  been  recorded  upon  the  books  of  the  corporation,  or  until  182  Mass- 555- 
a  new  certificate  has  been   issued  to  the   person  to  whom   it 
has  been  so  transferred.     Such  purchaser,  upon  delivery  of  the 
former  certificate  to  the  treasurer  of  the  corporation,  shall  be 
entitled  to  receive  a  new  certificate.     A  pledgee  of  stock  trans- 
ferred as  collateral  security  shall  he  entitled  to  a  new  certificate 
if  the  instrument  of  transfer  substantially  describes  the  debt  or 
duty  which  is  intended  to  be  secured  thereby.     Such  new  certifi- 
cate shall  express  on  its  face  that  it  is  held  as  collateral  security, 
and  the  name  of  the  pledgor  shall  be  stated  thereon,  who  alone 
shall  be  liable  as  a  stockholder,  and  entitled  to  vote  thereon. 

Section  42.     The  certificate  of  incorporation,  and  an  attested  f^corporate 
copy  of  the  agreement  of  association,  and  of  the  by-laws,  with  a  jf," '',"„,, 
reference  on  the  margin  of  the  copy  of  the  by-laws  to  all  amend-  £§  :1-'  35. 

,1  ~  i       ~  .       ,,  .  ,.  1111  °ee  1903,  43/, 

ments  thereof,  and  a  true  record  of  all  meetings  of  stockholders,  §  30. 
shall  be  kept  by  the  corporation  at   its  principal  office  for  the 
inspection  of  its  stockholders.     The  stock  and  transfer  books  of 
such  corporation,  which  shall  contain  a  complete  list  of  all  stock- 
holders, their  residences  and  the  amount  of  stock  held  by  each, 

shall  be  kept  at  an  office  of  the  corporation  for  the  ins] tion 

of  its  stockholders.  Said  stock  and  transfer  hooks  and  said  at- 
tested copies  and  records  shall  be  competent  evidence  in  any 
court  of  this  commonwealth.  If  any  officer  or  agent  of  a  corpo- 
ration having  charge  of  such  copies,  hooks  or  records  refuses  or 
neglects  to  exhibit  them  or  to  submit  them  to  examination  as 
aforesaid,  he  or  the  corporation  shall  be  liable  to  any  stock- 


46 


CAPITAL    STOCK. 


Lost  certifi- 
cates. 

R.  L.  110,  §  28 
See  1903,  437. 
§31. 


Unclaimed 
dividends. 
1837,  56. 
G.  S.  68,  §  19. 
P.  S.  105,  §  27. 
R.  L.  109,  §  40. 
See  1903,  437, 
§  32. 


Assessments 
upon  shares. 
R.  S.  39.  §  53. 
1852,  303. 
G.  S.  63, 
§§  8-10. 
1874,  372,  §  45. 
P.  S.  112,  §  57. 
R.  L.  Ill,  §  60. 
See  1903,  437, 
§  15. 

13  Met.  311. 
9  Cush.  15. 

1  Gray,  544. 

2  Gray,  277. 

4  Gray,  61. 

5  Gray,  520. 
8  Gray,  596. 
107  Mass.  508. 
110  Mass.  213. 
113  Mass.  79. 


holder  for  all  actual  damages  sustained  by  reason  of  such  re- 
fusal or  neglect,  and  the  supreme  judicial  court  or  the  superior 
court  shall  have  jurisdiction  in  equity,  upon  petition  of  a  stock- 
holder, to  order  any  or  all  of  said  copies,  books  or  records  to  be 
exhibited  to  him  and  to  such  other  stockholders  as  may  become 
parties  to  said  petition,  at  such  a  place  and  time  as  may  be 
designated  in  the  order. 

Section  43.  The  directors  of  a  corporation  may,  unless 
otherwise  provided  by  the  by-laws,  determine  the  conditions 
upon  which  a  new  certificate  of  stock  may  be. issued  in  place  of 
any  certificate  which  is  alleged  to  have  been  lost  or  destroyed. 
They  may,  in  their  discretion,  require  the  owner  of  a  lost  or 
destroyed  certificate,  or  his  legal  representative,  to  give  a  bond 
with  sufficient  surety  to  the  corporation,  in  a  sum  not  exceeding 
double  the  market  value  of  the  stock  to  indemnify  the  corpora- 
tion against  any  loss  or  claim  which  may  arise  by  reason  of  the 
issue  of  a  certificate  in  place  of  such  lost  or  destroyed  stock  cer- 
tificate. 

Section  44.  Every  corporation  shall,  once  in  every  five  years, 
publish  three  times  successively  in  a  newspaper  in  the  city  of 
Boston,  and  also  in  a  newspaper  in  the  county  in  which  the 
principal  office  of  the  corporation  is  located,  a  list  of  all  divi- 
dends which  have  remained  unclaimed  for  two  years  or  more 
and  the  names  of  the  persons  to  whose  credit  such  dividends 
stand. 

Section  45.  The  directors  may  from  time  to  time  assess 
upon  each  share  such  amounts,  not  exceeding  in  all  one  hun- 
dred dollars  on  a  share,  or  the  price  fixed  under  the  provisions 
of  section  seventy,  as  they  think  proper,  and  may  direct  the 
same  to  be  paid  to  the  treasurer,  who  shall  give  notice  thereof 
to  the  subscribers.  If  a  subscriber  has  made  no  payment  upon 
his  shares,  the  directors,  thirty  days  after  an  assessment  has  be- 
come due,  may  declare  them  forfeited,  and  may  transfer  them 
to  any  responsible  person  who  subscribes  for  them  and  pays  the 
assessments  then  due.  If  a  subscriber  neglects,  for  thirty  days 
after  notice  from  the  treasurer,  to  pay  an  assessment  upon  his 
shares,  the  directors  may  order  the  treasurer,  after  giving  no- 
tice of  the  sale,  to  sell  such  shares  by  public  auction  to  the  high- 
est bidder,  and,  upon  the  payment  by  him  to  the  corporation  of 
the  unpaid  assessments,  of  interest  to  the  date  of  sale  and  of 
the  charges  of  sale,  the  shares  shall  be  transferred  to  him.  If 
within  thirty  days  after  the  sale  the  purchaser  does  not  make 
said  payment  to  the  corporation,  the  sale  shall  be  cancelled,  and 
the  subscriber  shall  be  liable  to  the  corporation  for  the  unpaid 
assessments,  interest  thereon  and  charges  of  sale.  If  the  amount 
so  paid  by  the  purchaser  to  the  corporation  is  more  than  the 
amount  for  which  the  shares  were  sold,  the  subscriber  shall  be 
liable  to  the  purchaser  for  the  deficiency;  if  it  is  less,  the  pur- 
chaser shall  be  liable  to  the  subscriber  for  the  surplus.  If  a 
subscriber  neglects  to  pay  his  assessment  for  thirty  days  as  above 
provided,  the  di rectors  may  elect  to  proceed  by  an  action  at  law 


47a 


1906,  463, 
part  II,  §§  4S, 
57  and  66, 
part  III,  §  10S, 
amended. 
Computation 
of  amount 
of  capital 
stock  when  is- 
suing bonds. 


[See  pages  48,  50,  52,  156,  part  II,  §§  48,  57  and  66,  part  III,  §  108.] 
1908. 
Chapter  620. 
An  Act  relative  to  the  Issue  of  Bonds,  Coupon  Notes  and  Other  Evidences  of  In- 
debtedness by  Railroad  Corporations  and  Street  Railway  Companies. 

Section  1.  In  computing'  the  amount  of  capital  stock  of  a  railroad 
corporation,  electric  railroad,  street  railway  or  elevated  railway  com- 
pany for  the  purpose  of  determining  the  maximum  amount  of  bonds, 
coupon  notes  or  other  evidences  of  indebtedness,  payable  at  periods 
of  more  than  twelve  months  after  the  date  thereof,  under  the  provisions 
of  sections  forty-eight,  fifty-seven  and  sixty-six  of  Part  II,  or  of  section 
one  hundred  and  eight  of  Part  III,  of  chapter  four  hundred  and  sixty- 
three  of  the  acts  of  the  year  nineteen  hundred  and  six,  and  under  any 
similar  provisions  of  any  special  acts  limiting  the  amount  of  such 
securities,  which  a  railroad  corporation,  an  electric  railroad,  a  street 
railway  or  elevated  railway  company  may  issue,  to  the  amount  of  its 
capital  stock  at  the  time  actually  paid  in,  there  shall  be  added  to  the 
par  value  of  the  capital  stock  all  cash  premiums  paid  into  the  corpora- 
tion on  all  shares  issued  by  such  corporation  or  company  subsequent 
to  July  ninth,  eighteen  hundred  and  ninety-four,  under  the  provisions 
of  chapter  four  hundred  and  sixty-two  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-four  or  of  any  similar  provisions  of  law,  and  the 
maximum  amount  of  such  bonds,  notes  and  other  evidences  of  indebted- 
ness which  such  corporation  or  company,  unless  expressly  authorized 
by  its  charter  or  by  special  law,  may  issue  with  the  approval  of  the 
board  of  railroad  commissioners,  shall  be  limited  to  the  aggregate 
amount  of  its  issued  and  outstanding  capital  stock,  determined  as  pro- 
vided in  this  act,  and  actually  paid  into  its  treasury. 

Sectiox  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
June  12,  1908. 


BONDS    AND    MORTGAGES.  47 

against  said  delinquent  subscriber  to  recover  all  amounts  due 
and  payable  by  bim  with  interest.  If  a  judgment  rendered  in 
an  action  against  a  subscriber  remains  unsatisfied  for  thirty 
days,  all  amounts  previously  paid  by  bim  shall  lie  forfeited  to 
the  company  and  the  directors  may  offer  such  shares  for  sale 
as  above  provided. 

Section  46.    A  railroad  corporation,  for  the  purpose  of  build-  Japltafstock 
ing  a  branch  or  extension,  or  of  aiding  in  the  construction  of  ^lA\3^:  !Ji 
another  railroad,  or  of  taking  stock  in  a  grain  elevator  corpora-  M^       '       ' 
tion  in  the  organization  of  which  it  is  an  associate,  or  of  erect-  1894,502. 

Vi     T      1  1  1     &  fil 

ing  and  operating  grain  elevators  within  this  commonwealth,  or 

of  building  depots,  or  of  abolishing  grade  crossings,  or  of  making 
permanent  investments  or  improvements,  or  of  funding  its  float- 
ing debt,  or  of  refunding  its  funded  debt,  or  for  the  payment 
of  money  borrowed  for  any  lawful  purpose,  or  for  other  neces- 
sary and  lawful  purposes,  may,  from  time  to  time,  in  accordance 
with  the  provisions  of  section  sixty- five,  increase  its  capital  stock 
or  bonds  beyond  the  amounts  fixed  and  limited  by  its  agree- 
ment of  association  or  its  charter,  or  by  any  special  law. 

Section  47.     If  a  railroad  corporation  owning  a  railroad  in  Forfeiture  for 
this  commonwealth  and  consolidated  with  a  corporation  owning  l^creaseof6 
a  railroad  in  another  state  increases  its  capital  stock,  or  the  cap-  i87i^s9°ck' 
ital  stock  of  such  consolidated  corporation,  except  as  authorized  l8$j  372' 
by  this  act,  without  authority  of  the  general  court,  or  without  |-  S.  112,  §  6i. 
such  authoritv  extends  its  line  of  railroad,  or  consolidates  with  }09  }'ass- ??, • 

14      uu^    146. 

any  other  corporation,  or  makes  a  stock  dividend,  the  charter 
and  franchise  of  such  corporation  shall  be  subject  to  forfeiture. 


BONDS    AND    MORTGAGES. 

Section  48.     A  railroad  corporation  may,  by  vote  at  a  meet-  issue  of  bonds 

i  -11  ■    •  /.to  fund  float- 

ing called  for  the  purpose,  in  accordance  with  the  provisions  01  ing  debt 

this  section  and  of  sections  sixty-five  and  sixty-six,  but  not  other-  §§  i,'2,4! 
wise,  issue  coupon  or  registered  bonds,  coupon  notes  or  other  §§'120,121. 
evidences  of  indebtedness  payable  at  periods  of  more  than  twelve  ii^l; 372.* ^40. 
months  from  the  date  thereof  to  provide  means  for  funding  its  J^I;";  ,'-,, 
floating  debt,  or  for  the  payment  of  money  borrowed  for  any  5xS-  Vfi' §  GL>' 
lawful  purpose,  and  may  mortgage  or  pledge,   as  security  for  i|9|Ue2. 
the  pavmenl  of  such  indebtedness,  n   ii;irt  or  all  of  its  railroad.   i;.'i'.' 1 1 1'.\;  <',.;. 
equipment  or  franchise,  or  a  part  or  all  ot  its  real  or  personaJ  459. 
property.     Such  bonds,  coupon  note-  or  other  evidences  of  in-  i7iMass!242. 
debtedness  may  be  issued  in  amounts  of  not  less  than  one  hun- 
dred dollars  each,  payable  in  periods  not  exceeding  fifty  years 
from  the  date  thereof,  and  may  bear  interest  not  exceeding  seven 
per  cent   a   year,    payable   annually    or    semi-annually,    to   an 
amount   which,  including  thai  of  bonds,  coupon  notes  or  other 
evidences  of  indebtedness  previously  issued,  does  not  exceed  in 
all  the  capital  stock  of  the  corporal  ion   actually  paid   in  at  the 
time;  and  such  bonds,  coupon  notes  or  other  evidences  of  in- 
debtedness  shall  be   recorded  by   its   treasurer   in   books   to   be 
kept   in  his  office.     A  bond,  coupon  note  or  other  evidence  of 


48  BONDS    AND    MORTGAGES. 

indebtedness  shall  not  be  issued  unless  approved  by  a  person 
appointed  by  the  corporation  for  that   purpose,  who  shall  cer- 
tify thai   it  is  properly  issued  and  recorded. 
Registered  Section  49.     At  the  requesl  of  the  owner  or  holder  of  any 

1869,131,  coupon  bonds  lawfully  issued,  the  railroad  corporation  which 
1874,372,5  50.  issued  them  mav  issue  registered  bonds  in  exchange  for  them, 
r.  L.  in,  1  m!  upon  such  terms  and  under  such  regulations  as  its  directors 
may  prescribe,  and  with  the  consent  and  approval  of  the  trus- 
tees, if  any.  to  whom  a  mortgage  or  pledge  has  been  executed; 
and  such  registered  bonds  shall,  with  the  exception  of  the  cou- 
pons, correspond  in  all  respects  with  the  coupon  bonds  for  which 
they  arc  exchanged,  and  shall  be  in  conformity  with  all  laws 
authorizing  the  issue  of  said  coupon  bonds.  Such  exchange 
shall  not  affect  a  mortgage  or  pledge  given  as  security  for  the 
payment  of  such  coupon  bonds,  and  such  mortgage  or  pledge 
shall  remain  in  full  force  as  security  for  such  registered  bonds; 
and  the  coupon  bonds  shall  be  cancelled  and  destroyed  at  the 
same  time  that  the  registered  bonds  are  issued  in  exchange 
therefor. 
Mortgage  to  Section  50.     A  railroad  corporation  which  has  issued  bonds 

secure  bonds  ^j-^-.    ^^  x  > 

previously        shall  not  subsequently  execute  a   mortgage  upon  its  railroad, 
1854, 286,  §  3.    equipment  and  franchise  or  upon  any  of  its  real  or  personal 

G.  S.  63,  §123.       1X  -1,-it  •  j  •  i  i_ 

1S74, 372,  §  51.  property,  without  including  in  and  securing  by  such  mortgage 
r.  i".  ill'.  1 65!  all  bonds  previously  issued  and  all  its  pre-existing  debts  and 

liabilities. 
Securities  Section  51.     xill  bonds  or  notes  which  are  issued  by  a  rail- 

collectiole. 

^'IfViM  roac*   corporation   shall  be  valid   and  binding,   although   nego- 
1874, 372,  §  Si!  tiated  and  sold  by  it  or  its  agents  at  less  than  par. 

P.  S.  112,  §  65.  R.  L.  Ill,  §  66. 

Trustees  Section  52.     If  a  railroad  corporation,  having  executed  a 

entitled  to  .  •    i  -i  •    m  <• 

possession  mortgage  of  its  property,  rights  and  privileges,  or  ot  a  part 
with  corpora-  thereof,  to  trustees  for  the  benefit  of  its  general  creditors,  or  of 
reread.1**  e  a  particular  class  of  creditors,  makes  default  in  the  performance 
G.5s.'63,8§Si24.  of  the  condition  of  the  mortgage,  so  that  the  trustees  or  their 
R'.L.iii,f  6?!  successors  are  entitled  to  the  actual  possession  and  usufruct  of 
the  property,  rights  and  privileges  therein  conveyed,  in  trust 
for  the  purposes  specified  in  the  mortgage,  the  trustees,  after 
entry,  instead  of  retaining  actual  possession  of  the  mortgaged 
premises  and  operating  the  railroad,  may  contract  with  the  cor- 
poration  or  other  competent  party  to  take  or  retain  for  them 
the  possession  of  the  mortgaged  premises,  and  to  use  and  op- 
erate the  same  on  its  own  responsibility,  accounting  with  the 
trustees  for  the  earnings  and  income,  and  paying  over  the 
profits  and  net  income  periodically,  when  and  as  far  as  may 
be  necessary  for  the  performance  of  the  conditions  of  the  mort- 
gage, if  a  majority  in  interest  of  the  bondholders  or  creditors 
under  the  mortgage  shall  so  vote,  in  person  or  by  proxy,  at  a 
meeting  called  for  the  purpose,  notice  of  which  shall  be  pub- 
lished ten  days  before  said  meeting  in  two  or  more  daily  papers 
published  in  the  city  of  Boston,  and  in  at  least  one  newspaper 
published  in  each  county  in  which  the  railroad  is  located.     All 


BONDS    AND    MORTGAGES.  49 

liabilities  incurred  by  the  corporation  or  other  party  in  oper- 
ating the  railroad  under  such  contract  shall  be  held  as  claims 
against  and  be  paid  out  of  the  income,  in  the  same  manner  and 
to  the  same  extent  as  if  the  property  had  remained  in  the  actual 
possession  of  the  trustees  and  been  operated  by  them. 

Section  53.     Trustees  in  possession  of  a  railroad  under  a  Trustees  in 
mortgage  shall  annually  call   a  meeting  of  the  bondholders  or  call  annual 
creditors  for  whose  security  they  hold  the  railroad  in  trust,  to  rs^'irs, 
be  held  in  December,  of  which  notice  shall  be  given  by  publica-  g.  I'.  63, 
tion,   at  least  ten   days  before  such  meeting,   in  two  or  more  f>^  s2ii2.26' 
daily  newspapers  in  the  city  of  Boston,   and  in  at  least  one  ||  j^'iil;  §  68. 
newspaper  in  each  county  in  which  the  railroad  is  located ;  and 
at  such  meeting  they  shall  submit  a  report  for  the  year,  similar 
to  the  annual  report  of  railroad  directors  to  stockholders.     If 
they  fail  to  call  such  a  meeting,  five  or  more  bondholders  or 
creditors,  whose  claims  secured  by  the  mortgage  amount  to  not 
less  than  ten  thousand  dollars,  may  in  the  same  manner  call 
such  meeting,  to  be  held  in  the  January  following  said  De- 
cember. 

Section  54.     At  the  annual  meeting  held  under  the  provi-  SJ^X* 
sions  of  the  preceding  section,  the  bondholders  or  creditors,  by  ilsT^iTsf^  4. 
a  majority  in  interest  vote,  may,  in  person  or  by  proxy,  elect  p-f-^^m- 
three  trustees  under  the  mortgage  for  the  ensuing  year,   and  R.  l.  hi,  §  69. 
until  others  are  chosen  and  qualified.     And  the  trustees  or  any 
of  them  or  a  bondholder  or  creditor  may  submit  the  proceed- 
ings of  the  meeting  for  confirmation  to  a  justice  of  the  supreme 
judicial  court,  in  court  or  at  chambers,  first  giving  notice  of 
his  intention  so  to  do  to  the  former  trustees  under  the  mort- 
gage, to  the  trustees  of  all  other  existing  mortgages  upon  the 
railroad,  and  to  the  corporation,  seven  days  at  least  before  the 
hearing  thereon ;  which  notice  may  be  served  by  an  officer  or 
disinterested  person.     The  justice  may  hear  the  parties,  ratify 
the  election,  and  enter  such  decree  as  he  may  find  necessary  to 
transfer  the  property  to  the  new  trustees;  which  decree  shall 
be  filed  in  the  office  of  such  clerk  of  the  court  as  the  justice  may 
direct. 

Section  55.     The  supreme  judicial  court  shall  have  juris-  Equity  juris- 
diction in  equity  of  all   cases   arising  under  the  provisions  of  supreme  ju- 
the  two  preceding  sections,  and  of  all  questions  arising  out  of  1I57,  itm  s 
railroad  mortgages,  and  may  summarily  remove  a  trustee  under  p ;|  n'i'.VrtV 
a  railroad  mortgage,  whether  he  is  in  possession  of  the  railroad   |!.,7I'M,I" 
or  not,  and  appoint  a  new  trustee  in  his  stead.  171  Mass. 244. 

Section   56.     A   purchaser  of  a  railroad  at   a  sale  under  a  EUghtsof pur- 
valid  foreclosure  of  a   legal   mortgage  thereof,   and   his  succos    f,,'.'^ ^Z-' ' 
sors  in  title,  shall,  relative  to  the  construction,  maintenance  and   Jp^'  In'.'lri. 
operation  of  said   railroad,  be  subject  to  all  the  duties,   liabili-  i7iMass.244. 
ties  and  restrictions,  and  have  all  the  powers  and   rights,  which 
the  mortgagor  was  subject  to  and  had  at  the  time  of  said  sale. 


50  TAKING    SECURITIES    OF    OTHER    CORPORATIONS. 

TAKING    SECURITIES    OF    OTHER    CORPORATIONS. 

?aki£?  thT*"        Section   57.      A  railroad  corporation,   unless   authorized  by 
"!'";-      the  general  court  or  by  the  provisions  of  the  following  five 
i872| 53. '§  17;    sections,  shall  not  directly  or  indirectly  subscribe  for,  take  or 
L874. 372, § 53.  hold  the  stock  or  bonds  of  or  guarantee  the  bonds  or  dividends 
R. L. in', 1 77!  of  any  other  corporation;  and  the  amount  of  the  bonds  of  one 
or  more  other  corporations  subscribed   for  and  held  by  a  rail- 
road corporation,   or  guaranteed   by   it  conformably  to  special 
authority  of  the  general   court    or  the  authority  given  in  said 
sections,  with  the  amount  of  its  own  bonds  issued  in  conformity 
with  sections  forty-eight  and  forty-nine,  shall  not  exceed  at  any 
time  the  amount  of  its  capital  stock  actually  paid  in  in  cash, 
telegraph*  Section  58.     A  railroad  corporation  may  hold  stock  in  a 

i849P &93\  8  telegraph  company  whose  telegraph  connects  two  or  more  places 
GgS  ^LMjh  on  the  railroad  to  an  amount  not  exceeding  two  hundred  dollars 
p.  s.' 112,' §  75.  for  each  mile  of  railroad  so  connected.  r.  l.  in,  §  78. 

b.)iXofyof  Section   59.     A  railroad  corporation  may  guarantee,  to  an 

steamship  amount  not   exceeding   five   per  cent   of   its   capital   stock,    the 

companies.  &  _       I  r  i 

iMjs,  -.'A-  f  2.    bonds  of  anv  corporation  incorporated  bv  the  general  court  for 

1874, 372,  §  55.  <••<••    1  I  ^i  -i      1 

p.  S.  112,  §  76.  the  purpose  of  carrying  freight,  passengers  and  mails  between 

any  port  of  this  commonwealth  and  Europe;  or,  upon  adequate 

security  therefor,  may  issue  its  own  bonds  to  the  same  amount, 

conformably  to  the  provisions  of  section  forty-eight. 

Rc!mticmmay         Section  60.     A  railroad  corporation  may  become  an  asso- 

dat "ehi  grain     ciate  under  the  provisions  of  chapter  four  hundred  and  thirty- 

poration001"      seven  of  the  acts  of  the  year  nineteen  hundred  and  three  in  the 

1874,384,         formation  of  a  corporation  for  the  purpose  of  erecting  and  op- 

58si^i'  erating  a  grain  elevator  within  this  commonwealth,   and   may 

R.  L. '111,  §  80.  take  stock  in  any  elevator  corporation  so  organized,  and,  at  all 

meetings,  and  in  all  transactions  of  such  elevator  corporation, 

the  president  of  the  railroad  corporation,  or  in  his  absence  any 

officer  appointed  by  its  board  of  directors,  may  represent,  act 

and  vote  in  the  name  of  such  railroad  corporation. 

roat£emayg  Section  61.     If  two  corporations  own  and  operate  connect- 

ntw^bo^ds011  ing  railroads,  which  are  wholly  constructed,  either  corporation 

iIti!  lit'. §  4"    ma.v  guarantee  the  bonds  of  the  other,  upon  such  terms  and  to 

p87s ' ill* 1 79"  s,u'^1  an  extent  as  may  be  authorized  at  a  meeting  called  for  the 

r.l.iii,§81    purpose,  if  the  bonds  so  guaranteed  do  not  exceed  the  amount 

of  the  capita]  stock  of  the  corporation  by  which  they  were  issued 

actually  paid  in  in  cash  by  its  stockholders,  and  if  they  are  in 

all  other  respects  issued  in  conformity  with  law. 

Railroad  cor-  ~  '  ami  '•  •  i     •  i 

porations may        ejection    62.      A   railroad  corporation   may   aid   m   the  eon- 
Btructionof       struct  ion  of  any  branch  or  connecting  railroad  within  the  limits 
1874,35*1,^*4;    "'    ''''^   commonwealth,    whether   connecting  by   a    railroad   or 
¥.%. ii2,"  §  so.  steamboal  Line,  by  subscribing  for  shares  of  stock  in  such  cor- 
niLMa3s2392'  poration,  or  by  taking  its  notes  or  bonds  to  be  secured  by  mort- 
gage or  otherwise,  and  may  vote  on  all  shares  of  stock  so  sub- 
scribed for  and  held;  but  a  corporation  shall  not  so  subscribe 
to  an  amount  in  excess  of  two  per  cent  of  its  paid-up  capital 
stock,  or  mortgage  its  property  to  secure  the  loans  or  subscrip- 


506 


[See  page  51,  §  65.] 

1908. 

Chapter  636. 

An  Act  relative  to  the  Price  at  which  Railroad  Corporations  and  Street  Railway 

Companies  shall  offer  New  Stock  to  their  Stockholders. 

Section  1.    Any  railroad,  street  railway,  electric  railroad  or  elevated  Increase  of 

.,  ,  .    ,     .      .  .  .  „  .  .,      capital  stock. 

railway  company  which  is  in  actual  possession  ot  and  operating  a  rail-  Stockholders 
road  or  railway  shall,  upon  any  increase  of  its  capital  stock,  except  as  P°ioe  oY^evif 
provided  in  the  following  section,  offer  the  new  shares  proportionately  shares- 
to  its  stockholders  at  such  price  not  less  than  the  par  value  thereof  as 
may  be  determined  by  its  stockholders.  The  directors  upon  the  ap- 
proval of  such  increase,  as  provided  in  section  sixty-five  of  Part  II  and 
section  one  hundred  and  seven  of  Part  III  of  chapter  tour  hundred  and 
sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six,  shall  cause 
written  notice  of  such  increase  to  be  given  to  each  stockholder  of  record 
upon  the  books  of  the  company  at  the  date  of  the  vote  to  increase, 
stating  the  amount  of  the  increase,  the  number  of  shares  or  fractions 
of  shares  to  which,  according  to  the  proportionate  number  of  his  shares 
at  the  date  of  the  vote  to  increase,  he  is  entitled,  the  price  at  which 
he  is  entitled  to  take  them,  and  fixing  a  time  not  less  than  fifteen  days 
after  the  date  of  such  vote  to  increase  within  which  he  may  subscribe 
for  such  additional  stock.  Each  stockholder  may  within  the  time 
limited  subscribe  for  his  portion  of  such  stock,  which  shall  be  paid  for 
in  cash  before  the  issue  of  a  certificate  therefor. 

Section  2.  If  the  increase  in  the  capital  stock  which  is  subject  to  Auction  sale 
the  provisions  of  the  preceding  section  does  not  exceed  four  per  cent  stock- 
of  the  existing  capital  stock  of  the  company,  the  directors,  without  first 
offering  the  same  to  the  stockholders,  may  sell  shares  by  auction  to  the 
highest  bidder,  at  not  less  than  the  par  value  thereof,  to  be  actually 
paid  in  cash.  They  may  also  so  sell  at  public  auction  any  shares, 
which,  after  the  expiration  of  the  time  limited  in  the  notice  required 
by  the  preceding  section,  remain  unsubscribed  for  by  the  stockholders 
entitled  to  take  them.  Such  shares  shall  be  offered  for  sale  in  the  city 
of  Boston,  or  in  such  other  city  or  town  as  may  be  prescribed  by  the 
board  of  railroad  commissioners;  and  notice  of  the  time  and  place  of 
such  sale  shall  be  published  at  least  five  times  during  the  ten  days 
immediately  preceding  the  sale  in  each  of  at  least  three  of  such  daily 
newspapers  as  may  be  prescribed  by  said  board.  No  shares  shall  be 
sold  or  issued  under  this  or  the  preceding  section  for  a  less  amount  to 
be  actually  paid  in  cash  than  the  par  value  thereof. 

Section   3.      The  determination   by   the  board  of  railroad   commis-  Board  may 
sioners,  under  the  provisions  of  section  sixty-five  of  said  Part  II  and  prove  issue, 
section  one  hundred  and  seven  of  said  Part  III,  as  to  the  amount  of  wnen- 
stock  which  is  reasonably  necessary  for  the  purpose  for  which  such 
stock  has  been   authorized  shall,  in   the  case  of  the  corporations  de- 
scribed in  this  act,  be  based  upon  the  price  at  which  such  stock  is  to 
be  issued  as  fixed  by  the  stockholders:  provided,  (hat   the  board  shall  Proviso, 
refuse  to  approve  any  particular  issue  of  stock  if,  in  the  opinion  of 
the  board,  the  price  fixed  by  the  stockholders  is  so  low  as  to  be  incon- 
sistent with  the  public  interest. 

Section  4.     All  acts   and  parts  of  acts  inconsistent  herewith   are  Repeal, 
hereby  repealed,  so  far  as  they  apply  to  corporations  described  in  this 
act. 

Section  5.    This  act  shall  take  effect  upon  its  passage.     [Approved 
June  13,  1908. 


51a 


1908.  636,  §  1, 
amended. 


Change  of 
date  for  sub- 
scriptions for 
new  stock. 


[See  pages  50b,  1908,  chap.  636,  and  51,  §  <!">.] 

1909. 

Chapter  369. 

An  Act  to  change  the  Date  when   Stockholders  in  Railroad  Corporations  and 

Street  Railway  Companies  may  subscribe  for  New  Stock. 

Section  1.  Section  one  of  chapter  six  hundred  and  thirty-six  of  the 
acts  of  the  year  nineteen  hundred  and  eight  is  hereby  amended  by 
striking'  out  the  words  "the  date  of  the  vote  to  increase",  in  the  four- 
teenth line,  and  inserting  in  place  thereof  the  words :  —  at  such  date 
as  shall  be  designated  by  vote  of  the  directors  passed  after  the  ap- 
proval by  the  board  of  such  issue,  —  by  striking  out  the  words  "  the 
date  of  the  vote  to  increase  ",  in  the  seventeenth  line,  and  inserting  in 
place  thereof  the  words:  —  said  date  designated  by  vote  of  the  di- 
rectors,-—  and  by  striking  out  the  words  "the  date  of  such  vote  to 
increase  ",  in  the  nineteenth  and  twentieth  lines,  and  inserting  in  place 
thereof  the  words :  —  said  date  designated  by  vote  of  the  directors,  — 
so  as  to  read  as  follows :  —  Section  1.  Any  railroad,  street  railway, 
electric  railroad  or  elevated  railway  company  which  is  in  actual  posses- 
sion of  and  operating  a  railroad  or  railway  shall,  upon  any  increase 
of  its  capital  stock,  except  as  provided  in  the  following  section,  offer 
the  new  shares  proportionately  to  its  stockholders  at  such  price  not 
less  than  the  par  value  thereof  as  may  be  determined  by  its  stock- 
holders. The  directors  upon  the  approval  of  such  increase,  as  provided 
in  section  sixty-five  of  Part  II  and  section  one  hundred  and  seven  of 
Part  III  of  chapter  four  hundred  and  sixty-three  of  the  acts  of  the 
year  nineteen  hundred  and  six,  shall  cause  written  notice  of  such  in- 
crease to  be  given  to  each  stockholder  of  record  upon  the  books  of  the 
company  at  such  date  as  shall  be  designated  by  vote  of  the  directors 
passed  after  the  approval  by  the  board  of  such  issue,  stating  the 
amount  of  the  increase,  the  number  of  shares  or  fractions  of  shares 
to  which,  according  to  the  proportionate  number  of  his  shares  at  said 
date  designated  by  vote  of  the  directors,  he  is  entitled,  the  price  at 
which  he  is  entitled  to  take  them,  and  fixing  a  time  not  less  than  fifteen 
days  after  said  date  designated  by  vote  of  the  directors  within  which 
he  may  subscribe  for  such  additional  stock.  Each  stockholder  maj* 
within  the  time  limited  subscribe  for  his  portion  of  such  stock,  which 
shall  be  paid  for  in  cash  before  the  issue  of  a  certificate  therefor. 

Section  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
Mail  7,  1909. 


STOCK    AND    SCRIP    DIVIDENDS,  ETC.  51 

tions  made  by  any  other  corporation  under  the  provisions  of  this 
section,  except  by  a  vote  of  a  majority  in  interest  of  the  stock- 
holders at  a  meeting  called  for  that  purpose. 

STOCK    AND    SCRIP    DIVIDENDS. 

Skction   63.      A  railroad  corporation  shall  not  declare   any  stock  or  scrip 
stock  or  scrip  dividend  or  divide  the  proceeds  of  the  sale  of  bidden!  when" 
stock  or  scrip  among  its  stockholders;  nor  shall  any  such  cor-  i8tl1s9. §  L 
poration  issue  any  share  of  stock  to  any  person  unless  the  par  §Si77.3' "'' 
value  of  the  shares  so  issued  is  first  paid  in  cash  to  its  treas-  li®-*1^' s  ls 
urer;   nor  shall  it  without  authority  of  the  general   court   in-  k89*-  ?£0. 1  h 
crease  its  capital   si  nek  beyond  the  maximum  amount  fixed  by 
its  act  of  incorporation,  or  fixed  under  the  provisions  of  sec- 
tion forty-six. 

Section  64.     A  certificate  of  stock  or  scrip  issued  in  viola-  Liability  of 
tion  of  the  provisions  of  the  preceding  section  shall  be  void;  1868,310 
and  each  director  of  the  corporation  issuing  it  shall  be  liable  to  fi^'^ei'.  ■  l9; 
a  penalty  of  one  thousand  dollars,  to  be  recovered  by  indict-  jf9L:fo9'  §21 
ment  in  the  county  in  which  he  resides,  or,  if  he  resides  in  no 
county,  in  the  county  in  which  he  is  commorant,  or  the  offence 
was  committed;  but  if  any  such  director  proves,  that,  before 
such  issue,  he  filed  his  dissent  in  writing  thereto  with  the  clerk, 
or  was  absent,  and  at  no  time  voted  therefor,  he  shall  not  be  so 
liable. 

ISSUE    OF    CAPITAL    STOCK,     BONDS,     COUPON    NOTES    AXD    OTHER 
EVIDENCES    OF    INDEBTEDNESS. 

Section  65.     A  railroad  corporation  shall  issue  only  such  stock  °boCnd-,al 
amounts  of  stock  and  bonds,  coupon  notes  and  other  evidences  ™ffi°ote*. 
of  indebtedness  pavable  at  periods  of  more  than  twelve  months  deneeofm- 
after  the  date  thereof,  as  the  board  of  railroad  commissioners   L875,  i6i. 
may  from  time  to  time  determine  to  be  reasonably  necessary   lv.u.  i.-.o,  §  V; 
for  the  purpose  for  which  such  issue  of  stock  or  bonds  lias  been  452!  I  1! 
authorized.     Said  board  shall  render  a  decision  upon  an  appli-  r. l!  109,' J  24. 
cation  for  such  issue  within  thirty  days  after  the  final  hearing  j^?"^ 
thereon.      Such  decision  shall   be   in   writing,  shall  assign    the 
reasons  therefor,  shall,   if  authorizing  such  issue,   specify  the 
respective   amounts   of   stock   or  bonds,   or  of  coupon  notes   or 
oilier  evidences  of  indebtedness  as  aforesaid,  which  are  author- 
ized to  be  issued  for  the  respective  purposes  to  which  the  pro- 
ceeds thereof  are  to  be  applied,  shall,  within  seven   day-  after 
it  has  been  rendered,  be  filed  in  the  office  of  said  board.     A  cer- 
tificate of  the  decision   of  said    board   shall,   within    three  days 
after  such  decision  has  been  rendered  and   before  the  stock  or 
bonds  or  coupon   nods  or  other  evidences  of   indebtedness   as 
aforesaid  are  issued,  be  filed   in  the  office  of  the  secretary  ol 
the  commonwealth,  and  a  duplicate  thereof  delivered  to  the  cor- 
poration.   Such  corporation  shall  qoI  apply  the  proceeds  of  such 
stock  or  bonds  or  coupon  notes  or  olher  evidences  of  indebted- 
ness as  aforesaid  to  any  purpose  not   specified    in   such  certifi- 
cate.    The  provisions  of  this  section  shall  not    require  the  ap- 


52 


ISSUE    OF    CAPITAL    STOCK,   BONDS,  COUPON    NOTES,  ETC. 


Limit  of  issue 
of  bonds, 
coupon  notes 
and  other 
evidences  of 
indebtedness. 
1SS9,  316,  §  2. 
1897,  337,  §  2. 
It.  L.  109,  §  25. 


Enforcement 
of  statutes. 
1894,  450,  §  3; 
452,  §  3; 
462,  §  3. 
1896,  473. 
R.  L.  109,  §  27. 


Penalties. 
1894,  450,  §  2; 
452,  §  2; 
462,  §  2. 
R.  L.  109,  §  28. 


New  shares  to 
be  offered  to 
stockholders 
upon  increase 
of  capital 
stock. 

1870,  179. 

1871,  392,  §  1. 
1873,39,  §  1; 
30.5. 

1878,84,  §  1. 
1879,90,  §  1. 
P.  S.  106,  §  39; 

112,  §  58; 

113,  §  16. 


proval  of  the  board  of  railroad  commissioners  to  the  issue  of 
capita]  stock  or  bonds,  or  of  coupon  notes  or  other  evidences  of 
indebtedness  as  aforesaid,  authorized  by  law  of  this  common- 
wealth, the  proceeds  of  which  are  to  be  expended  in  another 
state  or  country,  or  which  are  to  pay  for  borrowed  money  ex- 
pended in  another  state  or  country. 

Section  CO.  A  railroad  corporation,  unless  expressly  au- 
thorized by  its  charter  or  by  special  law,  shall  not  issue  bonds, 
coupon  notes  or  other  evidences  of  indebtedness  payable  at 
periods  of  more  than  twelve  months  after  the  date  thereof  to 
an  amount  which,  including  the  amount  of  all  such  securities 
previously  issued  and  outstanding,  exceeds  in  the  whole  the 
amount  of  its  capital  stock  at  the  time  actually  paid  in ;  but 
this  limitation  shall  not  apply  to  the  issue  of  bonds  for  the 
purpose  of  paying  and  refunding  at  maturity  bonds  lawfully 
issued  prior  to  the  second  day  of  June  in  the  year  eighteen 
hundred  and  ninety-seven ;  nor  shall  it  apply  to  such  of  the 
bonds  issued  or  to  be  issued  under  a  mortgage  as  are  deposited 
to  retire  at  or  before  maturity  bonds  or  other  evidences  of  in- 
debtedness previously  issued  and  outstanding  at  the  date  of 
such  mortgage,  and  as  do  not  exceed  the  par  value  of  the  funded 
or  other  debt  so  to  be  retired ;  and  such  corporation  shall  not 
issue  the  securities  specified  in  this  section  unless  authorized 
by  a  vote  of  its  stockholders  at  a  meeting  called  for  the  purpose. 

Section  67.  The  supreme  judicial  court  or  the  superior 
court  shall  have  jurisdiction  in  equity,  upon  the  application  of 
the  board  of  railroad  commissioners,  of  the  attorney-general,  of 
any  stockholder  or  of  any  interested  party,  to  enforce  the  pro- 
visions of  the  two  preceding  sections  and  all  lawful  orders  and 
decisions,  conditions  or  requirements  of  said  board  made  in  pur- 
suance thereof. 

Section  68.  A  director,  treasurer  or  other  officer  or  agent 
of  a  railroad  corporation,  who  knowingly  votes  to  authorize  the 
issue  of,  or  knowingly  signs,  certifies  or  issues,  stock  or  bonds 
contrary  to  the  provisions  of  sections  sixty-five  and  sixty-six,  or 
who  knowingly  votes  to  authorize  the  application,  or  knowingly 
applies  the  proceeds,  of  such  stock  or  bonds  contrary  to  the 
provisions  of  said  sections,  or  who  knowingly  votes  to  assume 
or  incur,  or  knowingly  assumes  or  incurs  in  the  name  or  behalf 
of  such  corporation,  any  debt  or  liability  except  for  the  legiti- 
mate purposes  of  the  corporation,  shall  be  punished  by  a  fine  of 
not  more  than  one  thousand  dollars,  or  by  imprisonment  for  not 
more  than  one  year,  or  by  both  such  fine  and  imprisonment. 

Section  69.  If  a  corporation  which  owns  or  operates  a  rail- 
road increases  its  capital  stock,  such  new  shares  as  are  neces- 
sary to  produce  the  amount  of  increased  capital  stock  which 
has  been  authorized  shall,  except  as  provided  in  the  following 
section,  be  offered  proportionately  to  its  stockholders  at  such 
price  not  less  than  the  market  value  thereof  at  the  time  of  in- 
crease,  as  may  be  determined  by  the  board  of  railroad  commis- 
sioners, taking  into  account  previous  sales  of  stock  of  the  cor- 


52b 


1902. 

Chapter  441. 

An  Act  to  authorize  Corporations  to  issue  Preferred  Stock. 

Section  1.  Every  corporation  organized  under  the  laws  of  this  com-  issues  of  pre- 
monwealth  shall  have  power  to  issue  preferred  stock  to  an  amount  ferred  stock, 
not  exceeding'  at  any  time  the  amount  of  the  general  stock  then  out- 
standing, with  such  preferences  and  voting  powers  or  restrictions  or 
qualifications  thereof  as  shall  be  fixed  and  determined  in  the  by-laws 
at  the  organization  of  the  corporation ;  or  after  organization,  by  a 
two  thirds  vote  of  all  the  stock,  or  by  a  by-law  adopted  by  a  two 
thirds  vote  of  all  the  stock,  at  a  meeting  duly  called  for  the  purpose. 

Section  2.     Such  stock  shall  be  issued  subject  to  all  general  laws  Subject  to  all 
of  the  commonwealth  governing  the  issue  of  capital  stock ;   and  each  eeneral  laws- 
certificate  subsequently  issued   of  stock  in  the  corporation  shall  have 
fully  and  plainly  printed  thereon  the  by-law  or  vote  of  the  corporation 
authorizing  the  issue  of  preferred  stock. 

Section  3.     This  act  shall  take  effect  upon  its  passage.     [Approved 
June  5,  1902. 


52c 


1908. 

Chapter  590. 
PART  V.  — INVESTMENTS. 

Section   68.     Deposits  and   the   income   derived  therefrom   shall  be 
invested  only  as  follows :  — 

RAILROAD   BONDS. 

Massachusetts  Railroads, 
1887, 196.  Third,    a.     In  the  bonds  or  notes,  issued  in  accordance  with  the  laws 

T>      T       i  l  o      g    OR 

cl.3,c  '  '  of  this  commonwealth,  of  a  railroad  corporation  incorporated  therein 
the  railroad  of  which  is  located  wholly  or  in  part  therein,  which  has 
paid  in  dividends  in  cash  an  amount  equal  to  not  less  than  four  per 
cent  per  annum  on  all  its  outstanding  issues  of  capital  stock  in 
each  fiscal  year  for  the  five  years  next  preceding  such  investment,  or 
in  the  first  mortgage  bonds  of  a  terminal  corporation  incorporated  in 
ibis  commonwealth  and  whose  property  is  located  therein,  which  is 
owned  and  operated,  or  the  bonds  of  which  are  guaranteed  as  to  prin- 
cipal and  interest,  or  assumed,  by  such  railroad  corporation.  Any 
shares  of  the  capital  stock  of  a  railroad  corporation  leased  to  such 
railroad  corporation,  which  are  owned  by  said  lessee  corporation,  shall 
not  be  considered  as  outstanding  within  the  meaning  of  this  subdi- 
vision. 


LOCATION    AND    CONSTRUCTION    OF    RAILROAD.  53 

poration  and  other  pertinent  conditions,  which  determination  1893,315,51. 
shall  be  in  writing  and  with  the  date  thereof  shall  be  certified  r/l,;  109; 1 36. 
to  and  recorded  in  the  books  of  the  corporation.  The  directors, 
npon  the  approval  of  such  increase  as  provided  in  section  sixty- 
five,  and  the  determination  of  the  market  value  as  hereinbefore 
provided,  shall  canse  written  notice  of  such  increase  to  be  given 
to  each  stockholder  of  record  npon  the  books  of  the  corporation 
at  the  close  of  business  on  the  date  of  such  determination  by 
said  board,  stating  the  amount  of  such  increase,  the  number  of 
shares  or  fractions  of  shares  to  which  he,  according  to  the  pro- 
portionate number  of  his  shares  at  the  date  of  such  determina- 
tion, is  entitled,  the  price  at  which  he  is  entitled  to  take  them, 
and  fixing  a  time,  not  less  than  fifteen  days  after  the  date  of 
such  determination  by  said  board,  within  which  he  may  sub- 
scribe for  such  additional  stock.  Each  stockholder  may,  within 
the  time  limited,  subscribe  for  his  portion  of  such  stock,  which 
shall  be  paid  for  in  cash  before  the  issue  of  a  certificate  there- 
for. 

Section  70.     If  the  increase  in  the  capital  stock  which  is  stock  sold  at 
subject  to  the  provisions  of  the  preceding  section  does  not  ex-  isro.  179. 
ceed  four  per  cent  of  the  existing  capital  stock  of  the  corpora-  1873;  39~'§  i; ' 
tion,  the  directors,  without  first  offering  the  same  to  the  stock-  isvi  3s72,  §  46. 
holders,  may  sell  them  by  auction  to  the  highest  bidder  at  not  }|I|-  |q-  §  2- 
less   than   the  par  value  thereof  to  be  actually  paid  in  cash,  fi2S'g159,-*40; 
They  may  also  so  sell  at  public  auction  any  shares,  which,  after  Ji|lL\|'5  2 
the  expiration  of  the  time  limited  in  the  notice  required  by  the  issu!  472, 
preceding  section,  remain  unsubscribed  for  by  the  stockholders  r.  l.  109,  §  31. 
entitled  to  take  them.     Such  shares  shall  be  offered  for  sale  in 
the  city  of  Boston,  or  in  such  other  city  or  town  as  may  be  pre- 
scribed by  the  board  of  railroad  commissioners ;  and  notice  of 
the  time  and  place  of  such  sale  shall  be  published  at  least  five 
times  during  the  ten  days  immediately  preceding  the  sale  in 
each  of  at  least  three  of  such  daily  newspapers  as  may  be  pre- 
scribed by  said  board.     ]STo  shares  shall  be  sold  or  issued  under 
this  or  the  preceding  section  for  a  less  amount  to  be  actually 
paid  in  cash  than  the  par  value  thereof. 

LOCATION    AND    CONSTRUCTION    OF    RAILROAD. 

Conditions  Precedent. 

Section  71.     A  railroad  corporal  ion  shall  no1  locate  or  begin  Prerequisites 
to  construct  its  railroad  or  a  branch  or  extension    thereof,  <>r  railroad.10 
enter  upon  and  use  land  or  other  property,  except   for  making  g.5S.'63,  §  7. ' 
surveys,  until  a  sworn  estimate  of  the  total  cost  of  constructing  |f7i,' 2.33, 
the  same,  prepared  by  its  chief  engineer,  has  been  submitted  jjf'f15' 
to  the  board  of  railroad  commissioners  and  approved  by  it  ;  uor   [I8,'!11' 
until  said  board   is  satisfied  that  an  amount  of  the  capital  stock   P.s!  112, 
of  the  corporation  equal  to  at    leasl    fifty  per  cent   of  such   esti-  R.  L.'in',  §  88. 
mated  cost  has  been  actually  subscribed   by  responsible  parties 
without  any  condition   which   invalidates   the  subscription,   and 
that  twenty  per  cent  of  the  par  value  of  each  share  has  been 


51 


LOCATION"    AND    CONSTRUCTION"    OF    RAILROAD. 


actually  paid  in;  and  that  the  authority  and  consent  required 
by  section  eighty-two  have  been  obtained;  nor  until  the  clerk  of 
said  board,  upon  its  order,  has  tiled  a  certificate  with  the  secre- 
tary of  the  commonwealth  that  the  provisions  of  this  section 
have  been  complied  with;  nor  until  the  corporation  has  paid  to 
the  secretary  a  fee  of  fifty  dollars  for  filing  such  certificate. 
The  supreme  judicial  court  shall  have  jurisdiction  in  equity,  if 
said  board  certifies  a  location  before  ascertaining  that  the  au- 
thority and  consent  required  by  section  eighty-two  have  been 
obtained.  The  certificate  of  a  master  in  chancery  or  a  justice 
of  a  court  of  record  for  the  county  in  which  a  subscriber  resides 
that  he  owns  property  in  his  own  name  equal  in  value,  above  all 
encumbrances,  to  the  amount  of  his  subscription  shall  be  con- 
clusive evidence  of  his  responsibility.  If  said  board  refuses  its 
approval  to  an  estimate  or  a  subscription  list  so  submitted,  it 
shall  in  writing  state  its  reasons  therefor  in  detail  at  the  time 
and  shall  include  them  in  its  next  annual  report. 

Section  72.  No  railroad  or  part  thereof  which  is  operated 
by  steam  power  shall  hereafter  be  located  or  constructed  within 
r8l'iii'§89  lnree  miles  of  the  state  house  without  the  previous  consent  in 
writing  of  the  board  of  railroad  commissioners,  and  of  the 
board  of  aldermen  of  any  city  or  of  the  selectmen  of  any  town 
in  which  the  location  is  sought. 


Location  not 
to  be  within 
three  miles  of 
state  house 


Streets,  etc., 
not  to  be  laid 
out  over  a 
common,  etc. 
1875,  163  §  1. 
P.  S.  54,  §  13. 
166  Mass.  366. 


Taking  of 
lands  of  a 
public  institu- 
tion regulated. 
1875,  163,  §  3. 
P.  S.  54,  §  15. 


Lands  of 
hospitals  not 
to  be  taken 
fur  streets. 
1862,  223,  S  •-'. 
P.  S.  87,  §  3. 
1889,  414,  §  2. 


Making  road, 
etc.,  through 
burial  ground. 
1834,  1S7.  5   1 
R.  S.  24,  §§  59, 
60;  30,  §  21. 


Revised  Laws,  Chapter  53,  §§  17,  19. 

Section  17.  No  highway,  town  way,  street,  turnpike,  canal,  rail- 
road or  street  railway  shall  be  laid  out  or  constructed  over  a  common 
or  park  dedicated  to  the  use  of  the  public,  or  appropriated  to  such 
use  without  interruption  for  a  period  of  twenty  years;  nor  shall  any 
part  of  such  common  or  park  be  taken  for  widening-  or  altering  a 
highway,  town  way  or  street,  except  with  the  consent  of  the  inhabitants 
of  the  city  or  town,  after  public  notice,  given  in  the  manner  provided 
in  cases  of  the  location  and  alteration  of  highways,  stating  the  extent 
and  limits  of  the  portion  thereof  proposed  to  be  taken.  Such  consent 
shall  be  expressed  by  vote  of  the  inhabitants,  if  ten  or  more  voters  file 
a  request  in  writing  to  that  effect  with  the  selectmen  or  the  mayor 
and  aldermen  within  thirty  days  after  the  publication  of  the  notice; 
in  the  absence  of  such  request,  consent  shall  be  presumed. 

Section  19.  Land  of  a  public  institution  belonging  to  the  common- 
wealth shall  not  be  taken  for  a  highway,  town  way,  street,  turnpike, 
canal,  railroad  or  street  railway  without  leave  of  the  general  court. 

Revised  Laws,  Chapter  87,  §  17. 

Section  17.  The  land  now  held  and  which  may  hereafter  be  held 
by  the  trustees  of  any  state  insane  hospital  or  of  the  Massachusetts 
hospital  for  dipsomaniacs  and  inebriates  in  trust  for  the  commonwealth, 
for  the  use  of  the  hospital  of  which  they  are  trustees,  shall  not  be  taken 
for  a  street,  highway  or  railroad,  without  leave  of  the  general  court 
specially  obtained. 

Revised  Laws,  Chapter  212,  §  69. 

Section  69.  Whoever  lays  out,  opens,  or  makes  a  highway  or  town 
way,  or  constructs  a  railroad  or  canal,  or  any  other  thing  in  the  nature 
of  a  public  easement,  over,  through,  in  or  upon  any  part  of  an  en- 


LAYING    OCT    RAILROAD.  55 

closure,  which  is  the  property  of  a  city,  town,  parish,  religious  society  G.  s.  165,  §40. 

or  of  private  proprietors  and  is  used  or  appropriated   for  the  burial  p- s- 207.  §  51- 

of  the  dead,  unless  authority  for  that  purpose  is  specially  granted  by 

law,  or  unless  the  consent  of  such  city,  town,  parish,  religious  society 

or  proprietors,  respectively,  is  first  obtained,  shall   be  punished  by  a 

fine  of  not  more  than  two  thousand  dollars  or  by  imprisonment  for  not 

more  than  one  year. 

Revised  Laws,  Chapter  28,  §  11. 

Section  71.     Land  taken  for  or  held  as  a  park  by  cities  and  towns  Parks  to  be 
under  the  provisions  of  this  chapter  shall  be  forever  kept  open  and   i882?  V54,'  §  10. 
maintained  as  public  parks;  but,  except  in  parks  in  the  city  of  Boston   1893,75. 
and  in  parks  comprising  less  than  one  hundred  acres  in  extent,  struc- 
tures for  shelter,  refreshment   and  other  purposes  may  be  erected  of 
such  material  and  in  such   places  as,  in  the  opinion  of  the  fire  com- 
missioners, if  any,  do  not  endanger  buildings  beyond  the  limits  of  such 
park;  and  the  provisions  of  section  twenty  of  chapter  fifty-three  shall 
not  apply  to  such  buildings.     No  street  or  way  and  no  steam  railroad 
or  street  railway  shall  be  laid  out  over  any  portion  of  such  park  except 
in   places   and  in   the  manner   approved  by   the   board   of   park  com- 
missioners. 

Revised  Laws,  Chapter  10,  §  20. 

Section  20.     The  land  now  taken  by  the  commonwealth  about  the  Land  around 
state  house   shall  remain   an  open  space,  and  no  railroad  or  railway   remain°opent0 
shall  be  constructed  or  operated  in,  upon  or  over  the  same.     A  grant  1894-  532-  §  °- 
made  to  a  railroad  or  railway  corporation  shall  not  be  construed  to  in- 
clude any  portion  of  said  land. 

Revised  Laws,  Chapter  88,  §  2. 
Section  2.     The  land  held  by  said  trustees   [of  the  Massachusetts  use  of  land 
state  sanatorium]   in  trust  for  the  commonwealth  for  the  use  of  said   J^umc,-. 
sanatorium  shall  not  be  taken  for  a  street,  highway  or  railroad  without   1895,  503,  §  2. 
leave  of  the  general  court  specially  obtained. 

Laying  out  Railroad. 
Section  73.     A  railroad  corporation  may  lay  out  its  rail-  Location  and 

1  r.  i  •  i  i     c  i  c  construction. 

road  not  more  than  five  rods  wide;  and  for  the  purpose  of  cut-  R-rS-39.  §  54. 
tings  or  embankments  or  of  procuring  stone  and  gravel  and  for  g.'s. '«:'>'.  jsi7.' 
depot  and  station  purposes  may  purchase  or  otherwise  take,  in  p. s.'m.'fss! 
the  manner  hereinafter  provided,  as  much  land  as  may  bo  nee-  9^^553: 
essary  for  the  proper  construction  and  security  of  its  railroad.  |  Gray' 574 

4  Gray,  301.  109  Mass.  527.      118  Mass.  391.       134  Mass.  14.       161  Mass.  387. 

14  Gray,  93,  553.     113  Mass.  277.      124  Mass.  368.       141  Mass.  481.     167  Mass.  369. 

Section  74.     The  corporation  shall,  within  one  your  after  Fiiingofthe 

the  filing  of  the  certificate  of  the  clerk  of  the  board  of  railroad  K"'s .''!!!;  s  75. 

commissioners  with  the  secretary  of  the  commonwealth  as  pro-  ^74, 372*  §58. 

vided  in  section  seventy-one,  tile  with  the  commissioners  of  each  ||||'  \\\-*  -■ 

county  through  which  the  railroad  parses   the   location  of  the  r5  ;!•,,., 

railroad  as  laid  out,  defining  the  courses,  distances  and  hound-  $5  ^•,,,:}6-.  _, 

arms  of  such  portion  of  it  as  lies  within  each  county,  certified  2Gray,680 

1  i  -i      i         ,•         •  1    1  i  1     •  1       ,•  1         •  i  1      1Jl  Mass.  lis. 

by  the  clerk  of  said   board,  and   111   such  form  and  with   such  i27Mass.572. 

other  particulars  as  may  be  required  by  the  rules  of  said  board  :  143  Mats!  9. 

and  until  such  location  has  been  filed,  the  corporation  shall  not  146Mas8-19  • 
enter  upon  or  use  any  land  or  other  property,  except  for  mak- 


56  LAYING    OUT    RAILROAD. 

ing  surveys.     The  supreme  judicial  court  shall  have  jurisdic- 
tion in  equity  of  any  violation  of  the  provisions  of  this  section 
by  any  entry  upon  or  use  of  lauds, 
^rcha^ed^  Sectiox  7").     The  corporation  may,  within  one  year  after  it 

iv'r  -T6  nas  PlircnaS(?d  or  acquired  laud  for  railroad  purposes,  file  with 

r.  l.' in,  §  92.  the  commissioners  of  each  county  in  which  such  land  is  situated 
the  Board  for  a  location  thereof,  defining  the  courses,  distances  and  bound- 
seefoot note?*'  aries  of  such  laud  and  cert i lied  by  the  clerk  of  the  board  of 
railroad  commissioners  in  such  form  and  with  such  other  par- 
ticulars as  the  rules  of  said  board  may  require. 
Direction  of  Section  76.     A  railroad  corporation,  having  taken  land  for 

road  may  be  ..  .  , .  .  ».,.'?,.. 

varied.  its  railroad,  mav  vary  the  direction  ot  said  railroad  in  the  citv 

lS'i*?    1ST    5  7  " 

r. s'39,  §  73.'    or  town  in  which  such  land  is  situated;  but  it  shall  not  locate 
1874, 372;  5  59.  any  part  thereof  outside  the  limits  of  the  route  fixed  under  the 
R.  l.  111' 1 93!  provisions  of  sections  twenty  and  twenty-one,  without  the  con- 
i09Mas^4528.    scn^  *n  writing  of  the  board  of  aldermen  or  selectmen,  if  it  was 
fixed  under  the  provisions  of  section  twenty,  or  of  the  board  of 
railroad  commissioners,  if  it  was  fixed  under  the  provisions  of 
section  twenty-one.      The  corporation   shall,   before  the  expira- 
tion of  the  time  required  for  completing  the  railroad,  file  with 
the   county  commissioners   the   location   of  the   different   parts 
where  such  variations  have  been  made ;  but  the  time  for  com- 
pleting the  railroad  shall  not  be  extended  in  consequence  of 
such  variations, 
o^a^nn^nt*         Section  77.     A  railroad  corporation,  with  the  approval  in 
1887,430  writing  of  the  board  of  railroad  commissioners,  obtained  upon 

jv.  J->.  1 J  1    v  94. 

i6i  Mass.' 369.'  petition,  and  after  notice  to  all  persons  interested,  and  a  hear- 
ing,  may,   for  the  purpose  of  improving  the  alignment   of  its 
railroad,  change  its  location,   subject  to  the  provisions  of  this 
act  relative  to  the  fixing  of  the  route  of  railroads,  the  laying- 
out  of  the  same  and  the  taking  of  land  and  the  payment  of 
damages  therefor. 
outside°iim1?sd        Section  78.     If  a  railroad  corporation,  for  the  purpose  of 
of  route,  how     making  or  securing  its  railroad  or  for  depot  or  station  purposes, 
1835,148.  §  3.    requires  land  or  materials  outside  the  limits  of  the  route  fixed, 
1853, 351,  §  1'.    or  requires  additional  land  for  one  or  more  new  tracks  adia- 

C*    Q    fit     &    1 0 

1874, 355?  §  1';  cent  to  other  land  occupied  by  such  corporation  by  a  track  or 
i878,§i35',  §  2.  tracks  already  in  use,  and  is  unable  to  obtain  it  by  agreement 
1884  134.  '  xv'^'  tn<>  owner,  it  may  apply  to  the  county  commissioners,  who, 
n9LMasl'ti65'  a^er  notice  to  the  owner,  and  a  hearing,  may  prescribe  the 
i4i  Mass.  4Si.    limits  within  which  it  may  be  taken  without  his  permission  in 

161  Mass.  387.       ,  ...  -it  t       1  .•  in 

the  manner  hereinafter  provided;  and  the  corporation  shall, 
within  one  year  after  the  decree,  file  with  the  commissioners  of 
each  county  in  which  the  land  is  situated,  a  location  thereof, 
certified  by  the  clerk  of  the  board  of  railroad  commissioners, 
defining  the  courses,  distances  and  boundaries  thereof,  in  such 
form  and  with  such  other  particulars  as  the  rules  of  said  board 
[See  i88j,  134,  may  require.  Tf  highways,  buildings,  parks  or  cemeteries  are 
hu/hwa>jS.]  to  be  taken,  the  consent  of  the  city  or  town  in  which  the  land 
is  to  be  taken  shall  first  be  obtained;  but  nothing  herein  con- 
tained shall  be  construed  as  authorizing  such  taking,  or  alter- 


TAKING    LAND    AND    DAMAGES    THEREFOR.  57 

ing  the  manner  thereof,  if  said  taking  is  otherwise  prohibited 
or  provided  for  by  law. 

Section  79.     Land  outside  the  limits  of  the  route  fixed  as  Land  outside 
aforesaid,  which  is  taken  or  purchased  for  railroad,  depot  or  1853,351,  §3. 
station  purposes  shall  not  be  exempt  from  taxation.  1874',  372,  §62. 

P.  S.  112,  §  92.  R.  L.  Ill,  §  96.  8  Cush.  237.  186  Mass.  128. 

1S95,  356.  4  Met.  564.  185  Mass.  114. 

Section  80.     No  length  of  possession  or  occupancy  of  land  a^rtahtwi 
which  belongs  to  a  railroad  corporation  bv  an  owner  or  occu-  land  of 

"'  "         yLiv^o  l  .  .    u  .  corporation. 

pier  of  adjoining  land,  shall  create  in  him  or  in  a  person  who  i|6L  100. 
claims  under  him  a  right  to  such  land  of  the  corporation.  §  107. 

P.  S.  112,  §215  R.  L.  Ill,  §  271.  146  Mass.  268.  161  Mass.  283. 

Section  81.    The  board  of  railroad  commissioners  shall,  from  Rules  as  to 
time  to  time,  prescribe  rules  relative  to  the  form  in  which  all  records,  etc. 
records  of  locations  of  railroads  shall  be  made,  the  particulars  p.  s.' 112,' §  93. 
to  be  contained  therein  and  the  manner  in  which  such  records  R"  L' 1U' §  9' 
shall  be  uniformly  kept  for  preservation  and  convenient  refer- 
ence in  the  offices  of  the  clerks  of  the  several  counties.      Xo 
such  record  shall  be  filed  until  the  clerk  of  said  board  certifies 
thereon  that  it  has  been  prepared  in  conformity  with  the  rules 
of  said  board.* 

Taking  Land  and  Damages  therefor. 

Section  82.      No  railroad  corporation   shall  take,  by  pur-  Prerequisites 
chase  or  otherwise,  or  enter  upon  or  use,   except  for  making  land' 
surveys,  any  land  or  other  property  for  the  construction  of  its  §§  1/4.   ' 
railroad  or  of  any  branch  or  extension  thereof  until  the  county  j'j  gVilb. 
commissioners  of  the  county  in  which  such  land  or  other  prop-  K-L.  m,§98. 
erty  is  situated,  after  hearing  the  parties,  have  determined  the 
manner  in  which  the  railroad  shall  cross  the  highways  and  other 
ways  within  such  county,  nor  until  it  has  obtained  from  the 

*  The  rules  prescribed  by  the  Board  of  Railroad  Commissioners,  under  sections  75,78 
and  si  of  Tart  II.,  chapter  463  of  the  Acts  of  1906,  in  regard  to  records  of  land  purchased 
or  acquired  for  railroad  purposes,  or  of  railroad  locations,  and  the  manner  of  keeping  the 
same,  are  as  follows: 

Rule  1.  Location  maps  shall  be  made  upon  a  scale  showing  not  more  than  four  hun- 
dred feet  to  the  inch,  upon  cloth-backed  paper,  and  shall  lie  firmly  bound  forrecord  in  books 
eighteen  (18)  inches  from  top  to  bottom,  and  thirty  (30)  inches  from  back  to  front. 

Rule  2.  Said  maps  shall  show  the  courses  of  the  tangents  and  the  radii  of  the  curves  of 
the  centre  line  of  the  railroad  in  question ;  the  widths  of  land  taken,  specifying  such  w  [dth 
on  each  side  of  the  centre  line;  also  the  courses  of  the  division  lines  between  the  lots  over 
which  the  location  is  made,  and  the  distance  between  them  on  the  centre  line.  When  the 
land  purchased  or  taken  is  entirely  on  one  side  of  the  centre  line  of  location  or  outside  the 
location,  the  description  shall  be  so  made  as  to  tie  the  boundary  lines  of  the  lot  to  the  centre 
line  bv  lines,  the  courses  and  distances  of  which  from  a  fixed  point  or  points  Oil  Said  centre 
line  shall  be  given.  Where  but  one  track  is  laid,  the  position  of  such  track  with  reference 
to  the  centre  line  shall  also  be  shown,  in  order  that  the  boundaries  of  land  may  hereafter  be 
determined  bv  measurements  from  tin- track  as  laid,  if  the  same  shall  not  have  been  changed. 
Where  two  tracks  are  laid  it  shall  be  specified  whether  the  centre  line  is  the  centre  line  of 
one  of  them  or  is  midwav  between  them, 

Note.  —  The  course.*  called  for  above  may  be  either  magnetic  or  true,  but  the  maps  and 
descriptions  must  specify  which  are  given. 

RULE  8.  The  description  in  writing  must  in  all  cases  correspond  with  the  map,  and  the 
two  taken  together  must  have  the  substantial  certainty  and  precision  of  a  deed.  (2  Gray, 
680.) 

Rule  i.    The  location  shall  be  certified  by  the  directors  of  the  corporation,  or  by  the 

president,  if  authorized  bv  a  vote  of  said  directors. 

Rule  5.    The  location,'  when  deposited  with  the  clerk  of  the  count >   commissioners, 

shall  be  kept  for  preservation  anil  convenient  reference  in  the  office  of  said  clerk,  in  a 
cabinet  used  exclusively'  for  that  purpose,  and  furnished  w  it li  shelves  sufficient  to  allow  .it 
least  one,  separate  shelf  for  the  maps  of  each  corporation  Owning  a   railroad   within  the 

county, 
Rule6.    A  book  shall  be  kept  In  the  office  of  each  clerk,  in  which  shall  be  recorded  the 

name  of  every  location,  the  time  when  it  was  tiled,  and  the  shelf  w  here  it  is  deposited. 

RULE  7.  >to  location  after  it  has  once  been  tiled  shall  be  taken  from  the  ollice  of  the 
clerk  for  any  purpose  except  upon  the  order  of  a  court  or  other  proper  authority. 


58  TAKING    LAM)    AND    DAMAGES    THEREFOR. 

board  of  railroad  commissioners  the  consent  required  by  sec- 
tions one  hundred  and  seven  and  one  hundred  and  eleven  in  all 
cases  in  which  the  county  commissioners  adjudge  that  public 
necessity  requires  the  crossing  at  the  same  level;  and  notice  of 
such  hearing'  shall  be  given  by  publication  for  three  successive 
weeks  in  one  or  more  newspapers  published  in  such  county,  the 
last  publication  to  be  at  least  seven  days  before  the  hearing. 
The  supreme  judicial  court  shall  have  jurisdiction  in  equity  of 
violations  of  the  provisions  of  this  section. 
TaMng  land.  Section  83.     If  a  railroad  corporation  is  not  able  to  obtain 

and  damages  .  1         -i         1  • 

therefor.  by  agreement  with  the  owner  the  land  or  materials  necessary 

1834!  13?!  §  1!  for  its  purposes  as  described  in  sections  seventy-three,  seventy- 
iT's'.' 39,  ' '  "  four,  seventy-six  and  seventy-eight,  it  may  take  the  same.  It 
l§  5o,  56,  63,  sna|]  pa v  a]|  clamages  caused  by  laying  out,  making  and  main- 
[§531  iiii  §  l  taining  its  railroad,  or  by  taking  land  or  materials  therefor; 
cf5s'638'§  33'  an0-  sllcn  damages,  upon  the  application  of  either  party,  shall 
§§  19,  21,  36,  ke  estimated  by  the  county  commissioners  in  the  manner  pro- 
is74, 372,  §  63.  vided  with  reference  to  the  laying  out  of  highways ;  and  if  it  is 

P.  S.  112,  §  95.    .  "       .  °    .       J     ' 

r.  l.  in' §  oo!  intended  to  take  land  or  materials,  application  may  be  made 
3  Met!  380.  '     before  the  actual  taking  and  appropriation  thereof. 

3  Cush.  107.  2  Gray,  1.  103  Mass.  1, 10.        121  Mass.  124.     144  Mass.  139. 

4  Cush.  291,467.       4  Gray,  301.        105  Mass.  303.  124  Mass.  118.      152  Mass.  506. 

10  Cush.  385.  14  Grav,  553.      107  Mass.  352.  125  Mass.  1.  178  Mass.  76. 

11  Cush.  506.  7  Alien,  313.       109  Mass.  527.  127  Mass.  571.      182  Mass.  351. 

12  Cush.  224,  605.     14  Allen,  57.       113  Mass.  52,  277.  141  Mass.  174. 

Limitation  of         Section  84.     Xo  application  to  the  county  commissioners  to 

applications.  \  ±1  J 

1833,187,  §i.  estimate  damages  for  land  or  other  property  taken  shall,  except 
g.'s.  63,' §29  as  is  provided  in  sections  ninety-eight  to  one  hundred,  inclu- 
1868!  56. '         sive,  be  sustained,  unless  it  is  made  within  three  years  after  the 

P.?S.'  111,'  §  96!   filing   of  the   location.        R.  L.  Ill,  §  lOO.       7  Met.  78.        7  Gray,  389,  450. 

Securities  for  Section  85.     Upon  application  to  the  county  commissioners 

damages  and  x  ll.  »  . 

costs.  by  either  party  for  an  estimate  ot  damages,  thev  shall,  if  re- 

1833,  187,  §3.        -r  .i  '4.1  +•  4.  ■ 

1835, 148,  §  i.   quested  bv  the  owner,  require  the  corporation  to  give  security 

T)        O       OQ       &     At  *  *■' 

1855',  9,  '§  i.  '  to  their  satisfaction  for  the  payment  of  all  damages  and  costs 
1874, 372?§365.  which  may  be  awarded  by  them  or  by  a  jury  for  the  land  or 
R.L.iii',  '  other  property  taken;  and  if,  upon  petition  of  the  owner  and 
i27°Mass  50.  notice  to  the  adverse  party,  any  security  taken  appears  to  them 
153  Mass.  565.    f0  have  become  insufficient,  they  shall  require  the  corporation 

to  give  further  security  to  their  satisfaction. 
ownerf to  Section   86.      After  the   county  commissioners   have   made 

r3|'3974  62*  the*1*  estimate,  the  corporation  may  tender  to  the  owner  of  the 
1874'  37'''§  tfoo  lanc*  or  otner  Property  the  amount  of  damages  estimated,  in 
p.  s.'  112,'  §98'.  full  satisfaction  thereof,  with  costs.  r.  l.  in,  §  102. 

fo?PaUj?uSr0n  Section  87.     Either  party,  if  dissatisfied  with  the  estimate 

is33, 173'. §  *'  of  the  county  commissioners,  may,  at  any  time  within  one  year 
§l§57364  after  it  has  been  completed  and  returned,  apply  for  a  jury  to 

isr'  ls'i't  1'  assess  tne  damages.  If  no  such  application  is  made,  the  com- 
G.  s.'63,  '  '  missioners,  after  the  expiration  of  said  year,  may  issue  a  war- 
i873%67i.  rant  of  distress  to  compel  the  payment  of  the  damages,  with 
p87s.'  ill,'  I  99!  interest  and  costs.       R.  l.  111.  §  103.  21  Pick.  258.  1  Gray,  72. 

119  Mass.  485.  125  Mass.  483.  128  Mass.  347.  139  Mass.  173. 

r833eei87,gs'  Section  88.     When  either  party  applies  for  a  jury  to  assess 

f|  |-'|9  '         the  damages,  the  proceedings  shall  be  the  same  as  are  provided 

§§  56,  62. 


TAKING  LAND  AND  DAMAGES  THEREFOR.  59 

for  the  recovery  of  damages  in  the  laying  our  of  highways ;  but  Jf??-  ?if'  f  ?■ 

upon  such  application,  the  prevailing  party  shall  recover  costs.  lv^,».  }?.i- 

If  the  owner  has  refused  the  tender  specified  in  section  eighty-  55  2i,  35. 

six,  he  shall  pay  all  costs  caused  by  the  application  and  arising  p.s.'m,' 

si  on 

after  the  tender,  unless,  upon  the  final  hearing,  he  recovers  a  k  l.'iii. 

greater  amount  of  damages  than  the  amount  tendered.     If  the  i3lfMet.3iG. 

corporation  applied  for  the  jury,   and  upon  the  final  hearing  f  ^";J;  |fs 

the  damages  estimated  by  the  county  commissioners  are  not  re-  }?'~  \I:iss ■  il,c;- 

O  «/  t/  135  .Mass.  .),  (). 

duced,  it  shall  pay  all  costs  caused  by  the  application.  139  Mass-  213- 

Section  89.     If  the  corporation  does  not  pay  the  amount  of  Damages, 

,  liii-  •   1   •  i   •  i  c  when  payable. 

damages   awarded  .  bv   the   lury  within   thirtv  days   atter   such  is47,  259,  §  3. 

i<  o        %J  v  d  1855   9    5  ! ! 

award,  a  warrant  of  distress  or  execution  may  issue  to  compel  g._s.'63.  §"33. 

the  payment  thereof  with  costs  and  interest.  p.S/112, 

R.  L.  Ill,  §  105.  127  Mass.  50.  §  101" 

Section  90.     After  a  railroad  corporation  has  taken  land  or  pian  of  land 

other  property  in  the  manner  hereinbefore  authorized,  it  shall,  Fencing! 

before  constructing  the  railroad,  furnish  a  plan  of  the  land  to  r.3|.' 39,7§  lo. 

the  owner,  and,  upon  request  of  the  owner  or  occupant,  shall  G84f'637§45' 

fence  it,  and,  upon  demand  made  by  the  owner  of  such  other  p8^'^/! ' §  70- 

property  within  three  years  after  the  taking  thereof,  shall,  within  §  102. 

thirtv  davs,  furnish  him  with  a  plan  or  description  thereof  in  §  106. 

..."  "  -1  x  145  Mass.  450. 

Writing.  146  Mass.  194. 

Section  91.     All  the  right  and  authority  of  a  railroad  cor-  Right  to  use 

poration  to  enter  upon  and  use  land  or  property  taken  by  it,  jUnded,Swhen. 

except  for  making  surveys,  shall  be  suspended  until  it  gives  the  [3  f,'3.87, 

security  required  by  section  eighty-five;  or,  if  for  thirty  days  §{§'6o''6i 

after  a  warrant  has  issued  under  the  provisions  of  section  eighty-  Jiff.  2 

seven,  it  neglects  to  pay  the  same,  until  payment  thereoi ;  or  G.  s .63, 

until  it  satisfies  a  warrant  or  execution  issued  under  the  provi-  1874,372, 

sions  of  section  eighty-nine;  or  until  it  delivers  a  description  70,72. 

or  ])lan  as  prescribed  by  section  ninety;  and  during  the  time  in  §§97,99,  101, 

which  its  right  to  enter  upon  or  use  land  or  other  property  is  so  R^ui, 

suspended,   the   supreme   judicial    court,    upon    petition   of   an  f27°Masa  50. 
OAvner  of  the  land  or  other  property,  shall  have  jurisdiction  in 
equity  to  prohibit  and   restrain   the  corporation  from  entering 
upon  or  using  such  land  or  property. 

Section  92.    An  owner  of  land  who  is  aggrieved  by  the  loca-  Changeof 

tion  of  a  railroad  crossing  his  land  in  such  manner  as  to  be  of  county  com- 


missioners. 


grievous  damage,  which  could  be  avoided  without  serious  injury  mh^n° 
to  others,  may,  within  thirty  days  after  receiving  the  plan  of  [fof §5|; 5 13: 
his  land,   as   provided  in  section  ninety,   petition   the  commis-  p^s/m,' §  71" 
sioners  of  the  county   in   which   the  land  lies,  who  shall   give  ^j1',11,,, 
notice  and  hear  (he  parties,  either  at  their  regular  meeting  or  at   §  "». 
a  meeting  called  by  (heir  chairman  for  the  purpose.     If  it  ap- 
pears that  such  location  will  greatly  and  unnecessarily  damage 
the  petitioner,   and    thai    it    can    so  be  changed    as   entirely   or 
partly  to  avoid  such  damage  without  material  detriment  to  the 
line  of  the  railroad  and  without  great   injury  to  other  parties, 
the  commissioners  shall  change  such  location  accordingly.     They 
shall  give  to  each   party   a   certificate  of   their   determination 
within  sixty  days  after  receiving  the  petition.     The  compensa- 


60 


TAKING  LAND  AND  DAMAGES  THEREFOR. 


Jurisdiction  of 

commissioners 

over  land  in 

contiguous 

counties. 

1853,  5, 

|§  1.  2. 

G.  S.  63.  §  23. 

1874,  372,  §73. 

PS.  112, 

§  105. 

R.  L.  Ill, 

§  109. 


Guardian  or 
trustee  may  re- 
lease damages. 
R.  S.  39,  §  93. 
G.  S.  63.  §  24. 
1874.  372,  §  74. 
P.  S.  112, 
§  106. 

Assessment  of 
damages  for 
different  in- 
terests. 
1851,  290, 
§§  1,  2. 
G.  S.  63,  §  25. 

1874,  372,  §  75. 

1875,  117, 
|§  1,  4. 
P.  S.  112, 
§   107. 

R.  L.  Ill, 
§  111. 


tion  of  the  commissioners,  not  exceeding  five  dollars  each  a  day 
and  i heir  necessary  expenses,  which  shall  be  retained  to  their 
own  use,  and  the  costs  of  the  petition,  shall  be  paid  by  the  cor- 
poration; but  if  the  commissioners  decide  that  the  petition  was 
frivolous,  such  compensation,  expenses  and  costs  shall  be  paid 
by  the  petitioner. 

Section  1K5.  If  land  which  is  owned  by  one  person  lies  con- 
tiguously in  different  counties,  an  application  for  damages  under 
the  provisions  of  section  eighty-three  may  be  made  by  the  owner 
of  the  land  to  the  commissioners  of  any  of  such  counties ;  and 
the  commissioners  of  the  county  to  whom  application  is  first 
made  shall  have  exclusive  jurisdiction,  with  like  powers  and 
du lies  as  are  set  forth  in  said  section  and  in  section  one  hun- 
dred and  one;  and  either  party  may  apply  for  a  jury  as  pro- 
vided in  section  eighty-seven,  and  such  jury  shall  be  from  the 
same  county  as  the  commissioners,  and  shall  estimate  such 
damages  as  though  the  land  lay  entirely  in  one  county. 

Section  04.  If  land  or  other  property  of  a  person  who  is 
under  guardianship,  or  if  land  which  is  held  in  trust,  is  taken 
for  the  use  of  a  railroad,  the  guardian  or  trustee  may  release  all 
damages,  in  like  manner  as  if  the  land  or  other  property  were 
held  in  his  own  right.  r.  l.  in,  §  no. 

Section  95.  If  a  tenant  for  life  or  for  years  and  the  re- 
mainderman or  reversioner  claim  damages  for  the  laying  out  or 
alteration  of  a  railroad,  or  if  it  appears  that  the  real  estate 
taken  or  affected  is  encumbered  by  a  contingent  remainder,  ex- 
ecutory devise  or  power  of  appointment,  the  damages  shall  be 
assessed  and  paid  over  and  disposed  of  in  the  manner  provided 
in  sections  seventeen,  eighteen,  nineteen  and  twenty-six  of  chap- 
ter forty-eight  of  the  Revised  Laws  relative  to  damages  assessed 
in  like  cases  in  laving  ont  highways. 


Damages  of 
claimants 
having  dif- 
ferent in- 
terests. 

R.  S.  24,  §  12. 
1851,  290,  §  1. 
G.S.  43,  §   17. 
1875,  117,  §  1. 
P.  S.  49, 
§§  18,  28. 
1883,  253. 
23  Pick.  433. 
106  Mass.  547. 
108  Mass.  535. 
ill  Mass.  483. 
121  Ma>s.  153. 
126  Mass.  384. 
133  Mass.  207. 
149  Mass.  176. 


Certain  dam- 
ages to  be 
awarded 
separately. 
1S71,  388,  §  3. 
P.  S.  49,  §  27. 
16S  Mass.  366. 


Revised  Laws,  Chapter  48,  §§  17,  18,  19,  26. 

Section  17.  If  a  tenant  for  life  or  for  years  and  the  remainderman 
or  reversioner  sustain  damages  in  their  property  by  the  laying  out, 
relocation,  alteration  or  discontinuance  of,  or  by  specific  repairs  on, 
a  highway,  or  if  the  property  is  encumbered  by  a  contingent  remainder, 
executory  devise  or  power  of  appointment,  entire  damages,  or  an  entire 
amount  as  indemnity,  shall  be  assessed  without  apportionment  thereof; 
and  shall  be  paid  to,  or  be  recoverable  by,  any  person  whom  the  parties 
may  appoint,  and  be  held  in  trust  by  him  for  their  benefit  according 
to  their  respective  interests.  The  trustee  shall,  from  the  income  thereof, 
pay  to  the  reversioner  or  remainderman  the  value  of  any  annual  rent 
or  other  payment  which  would,  but  for  such  damages,  have  been  pay- 
able by  the  tenant,  and  the  balance  thereof  to  such  tenant  during  the 
period  for  which  his  estate  was  limited,  and  upon  its  termination,  he 
shall  pay  the  principal  to  the  reversioner  or  remainderman. 

Section  18.  The  amount  so  to  be  placed  in  trust  shall  include  only 
the  damages  assessed  to  the  whole  property  when  the  value  thereof  is 
ascertained;  and  any  damage  special  to  a  separate  estate  therein,  and 
all  interest  or  other  earnings  which  accrue  between  the  taking  and  the 
receipt  by  the  trustee  of  the  damages  In  the  whole  property,  shall  be 
awarded  in  the  same  proceedings  separately. 


TAKING  LAND  AND  DAMAGES  THEREFOR.  61 

Section  19.     If  a  person  having'  an  interest  in  such  property  is,  by  Trustee  in  cer- 

reason  of  legal  disability,  incapable  of  choosing  a   trustee,  or   is   un-   a^^ted^y1*6 

ascertained  or  not  in  being,  or  if  the  parlies  cannot  agree  upon  a  choice,  i";?ba^  ! 

the  probate  court  of  the  county  in  which  the  property  is  situated  shall,   G. S.*43,  §18. 

upon  application  of  the  county  commissioners  or  of  any  persons  in-   p.s/49 

terested  or  of  any  other  person,  in  behalf  of  such  persons,   whether  IL1?;29^, 

i  -i  -i-  1  ■  126  Mass.  384 

in   being  or  not,   as   may.    by   any   possibility  be  or   become   interested   133  Mass.  207. 

in   said  property,   appoint    a    trustee,   who   shall   give   to  the  judge  of 

probate  a  bond  with  such  sureties  and  in  such  sum  as  the  judge  may 

order,  conditioned  for  the  faithful  performance  of  his  duties. 

Section  26.     The  tenant  in  possession  of  land  which  is  encumbered  Tenant  in  pos- 

,  , .  ■     -,  ,  n  ■    ,  session  may 

by  a  contingent  remainder,  executory  devise  or  power  of  appointment  apply  for  a 

may,   subject   to   the   provisions   of   section   twenty-eight,    apply    for   a  f^ees ,he 

jury  to  revise  the  judgment  of  the  commissioners  in  the  assessment  of  if75'!17' 

damages;  and  if  he  fails  so  to  apply  within  the  first  six  months  of  such  P.  s.'49,  §  30. 
year,  said  trustees  may  within  the  remaining  six  months  thereof  apply 
for  such  jury. 

Section  96.     If  the  land  is  mortgaged,  both  the  mortgagor  Assessment 
and  the  mortgagee,  in  addition  to  their  rights  under  the  mort-  whenTa^ds 
gage,  shall  have  the  same  powers,  rights  and  privileges,  and  be  i855™247,aged' 
subject  to  the  same  liabilities  and  duties,  as  are  provided  in  g  s'<535§26 
this  act  for  land  owners  in  cases  of  damages  arising  under  the  p87g\379,§  76" 
provisions  of  section  eighty-three;  and  all  petitions  for  the  esti-  §  ios. 
iiiation  of  such  damages  shall  state  all  mortgages  which   are  §  112. 
known  by  the  petitioner  to  exist  upon  the  premises.     Mortgagors  i26rMass.  4.' 
and  mortgagees  may  join  in  any  such  petition,  and  the  tribunal  1'SMass-76- 
to  which  it  is  presented  shall  order  the  petitioner  to  give  notice 
thereof  to  all  such  mortgagors  or  mortgagees,  by  serving  on  each 
of  them,  fourteen  days  at  least  before  the  time  of  hearing,  an 
attested  copy  thereof  and  of  the  order  thereon,  that  they  may 
become  parties  to  the  proceedings. 

Section  97.     If  mortgagors  or  mortgagees  begin  or  become  Apportion- 
parties  to  such  proceedings,  entire   damages   shall,   upon   final  ages, 
judgment,  be  assessed  for  the  property  taken,  and  such  portion  §j  1-3. 
thereof  as  is  equal  to  the  amount  then  unpaid  thereon  shall  be  1^74,^7-! Tr:. 
ordered  to  be  paid  to  every  mortgagee  who  is  a  party  in   the  I\og*12, 
order  of  his  mortgage,  and  the  remainder  to  the  mortgagor;  and   j  jjo111, 
separate  judgment   shall  be  entered  accordingly  for  each  mort-  5  Gray,  470. 
gagee,  who  shall  hold  his  judgment  in  trust,  first,  with  any  pro- 
ceeds  realized   thereon,   to  satisfy  his  mortgage  debt,  and,  after 
such  debt  is  in  any  way  satisfied,  to  assign  the  judgment  or  pay 
over  any  remainder  of  proceeds  to  the  mortgagor  or  other  per- 
son entitled   thereto. 

Revised  Laws,  Chapter  163,  §  13. 

Section  13.     If  real  property  of  a  married  woman  is  taken   for  a  Disposition  of 

railroad,  a  way  or  any  oilier  public  use,  or  is  damaged  by  the  laying  uSd^mar^ 

out  of  a    railroad,  way  or  by  any  other   public   works,   the  damages  or   nod  woman 

i  it  •  taken  for  rail- 

compensation  awarded  therefor  may  be  so  invested  and  disposed  « *  1   as    road,  etc. 

to   secure   to   ber   the   same    rights    in    the   amount    so   awarded    and    the    1 ;  ' s' '  7 7 .  's  17. 

income   thereof   as  she   would   have   had   in    the  real  property   and   the  p's'iSf' j 

income  thereof  if  such  real  property  had  not  been  so  taken  or  damaged.    14  Pick.  108. 


62 


TAKING  LAM)  AND  DAMAGES  THEREFOR. 


Proceedings 

when  mort- 

land 

i-  i  i,. rn. 
L881,  110. 
P.  S.  19,  5  110. 
1  Ki  Mass.  403. 


The  probate  court  shall  have  concurrent  jurisdiction  in  equity,  upon 
the  petition  of  such  woman,  to  hear  and  determine  it  and  to  enforce 
and  secure  her  rights. 

Revised  Laws,  Chapter  48,  §  114. 

Section  114.  If  mortgaged  land  is  taken  for  public  uses  under 
authority  of  law,  both  mortgagors  and  mortgagees,  in  addition  to  their 
rights  under  the  mortgage,  shall  have  the  same  powers,  rights  and 
privileges  and  be  subject  to  the  same  liabilities  and  duties  as  are  pro- 
vided in  sections  one  hundred  and  twelve  and  one  hundred  and  thirteen 
of  chapter  one  hundred  and  eleven  in  the  case  of  mortgaged  lands  so 
taken  by  railroad  corporations. 


Extension  of 
time  for  loca- 
tion to  revive 
claims. 
1862,  103. 
1874,  372,  §  78. 
P.  S.  112, 
§  110. 
R.  L.  Ill, 
§  114. 


Application 
for  damages 
within  one 
year  after  de- 
cision as  to 
validity  of 
location. 
is:;:,,  1  is.  5  7. 
II.  S   39,  §  59. 
G.  S.  63,  §  30. 
1874,  372,  §  79. 
P.  S.  112, 
§  HI. 
R.  L.  Ill, 
§  115. 

7  Grav,  450. 
137  Mass.  478. 


New  applica- 
tion if  pro- 
ceedings are 
quashed. 
1847,  181,  §  2. 
G.  S.  63,  §  31. 
1874,  372.  §  80. 
P.  S.  112, 
§  112. 
R.  L.  Ill, 
.;    L16. 
125  Mass.  484. 


Section  98.  If  the  time  for  locating  or  constructing  a  rail- 
road shall  be  extended  by  statute,  all  unsettled  claims  against 
the  corporation  for  damages  to  land  shall  be  revived,  and  the 
claimants  for  such  damages  may  apply  to  the  county  commis- 
sioners, or  for  a  jury,  if  the  estimate  of  the  commissioners  has 
been  completed  and  returned,  within  one  year  after  the  passage 
of  such  statute.  The  provisions  of  this  section  shall  not  include 
cases  in  which,  by  reason  of  a  defect  in  the  original  location  of 
a  railroad  already  constructed,  a  new  location  is  rendered  nec- 
essary. 

Section  99.  If  a  suit  is  brought  in  which  the  right  of  the 
corporation  to  lay  out  and  construct  its  railroad  on  a  particular 
location  is  drawn  in  question,  an  application  to  the  county 
commissioners  for  the  estimation  of  damages  caused  by  the 
taking  of  land  or  property  within  such  location  may  be  made 
within  one  year  after  the  final  determination  of  such  suit 
upon  the  merits,  if  such  suit  is  brought  within  one  year 
after  the  time  of  such  taking,  or  is  brought  for  the  pur- 
pose of  trying  the  same  right  which  was  drawn  in  question  in 
an  earlier  suit  which  was  begun  within  one  year  after  the  time 
of  taking  and  which  failed  for  want  of  jurisdiction,  defect  of 
form  or  other  like  cause  which  was  not  decisive  of  the  merits  of 
the  controversy,  and  is  brought  within  six  months  after  the  de- 
termination of  such  former  suit. 

Section  100.  If  a  person  applies  for  an  estimate  of  his 
damages  within  the  time  limited  by  law,  or  applies  for  a  jury 
to  assess  the  damages,  or  is  a  party  to  such  application  by  an- 
other person  for  a  jury,  and  the  petition  or  other  proceeding  is 
q uashed,  abated  or  otherwise  avoided  or  defeated  for  any  in- 
accuracy, irregularity  or  matter  of  form,  or  if,  after  verdict  for 
such  applicant  or  other  party,  the  judgment  is  arrested  or  re- 
versed on  a  writ  of  error,  or  the  proceedings  are  quashed  on 
certiorari,  such  applicant,  petitioner  or  other  party  may  begin 
such  proceedings  anew  at  any  time  within  one  year  after  such 
abatement,  reversal  or  other  determination. 


Discontinu- 
ance of  pro- 
ceedings to 
recover  land 
damages 
regulated. 


Revised  Laws,  Chapter  48,  §  112. 
Section  112.     No  petition,  suit,  appeal  or  other  proceeding  in  the 
supreme  judicial  court  or  in  the  superior  court  taken  or  instituted  by  any 
party  aggrieved  by  the  award  of  damages  caused  by  laying  out,  making 


EMBANKMENTS,   FENCES,   ETC.  63 

and  maintaining  a  railroad  or  by  taking  land  or  materials  therefor,  or    isso,  in. 
by  the   laying  out,   alteration   or  discontinuance  of   a   highway,    town  i25Mas« 
way  <>r  private  way,  or  by  taking  land  or  materials  therefor,  shall  be 
discontinued  except  by  leave  of  court  or  by  agreement  of  all  the  parties 
thereto;  and   any  party  thereto  may  prosecute  the  same  as  if  it  had 
been  begun  by  him. 

Embankments,  Fences,  etc. 

Section  101.     At  the  time  of  estimating  damages  to  land  ^fof1em-n' 
owners  under  the  provisions  of  section  eighty-three,  the  county  J^"^"'1'^ 
commissioners   shall   in   addition   thereto  order   the   corporation  Vl!!(!<jre1fi.;- 
to  construct  and  maintain  such  embankments,   culverts,  walls,  §§  i,*3. 
fences  or  other  structures  as  thev  -judge  reasonable  for  the  se-  1874, 372,  §  si. 
curity  and  benefit  of  such  owners,  and  shall  proscribe  the  time  §  Via. 
and  manner  of  making  or  repairing  thorn,  and  it  shall  not  be  §  us.111, 
competent  for  a  jury  to  reverse  such  order.  154  Mass.  314. 

Section   102.      If  the  corporation  neglects   to  comply  with  Enforcement 
sncli  order,  the  supreme  judicial  court,  upon  application  of  the  1841,125,  \  2. 
land  owner  who  is  interested  in  its  execution,  or  his  assigns,  is74,372?§482. 
shall  have  jurisdiction  in  equity  to  enforce  the  specific  perform-  F'114112' 
ance  thereof.     Or  if  the  corporation,  for  more  than  forty-eight  5  j^g111, 
hours  after  notice  of  such  neglect,  given  in  writing  to  the  presi-  6Cush. 420. 
dent  or  superintendent,  fails  to  begin  the  work  required  to  be 
done,  or  thereafter  unreasonably  delays,  to  complete  it,  the  per- 
son so  interested  may,  in  an  action  of  tort  against  the  corpora- 
tion, recover  double  the  damages  sustained  by  him  by  reason  of 
the  neglect. 

Section    10:>.      Every   railroad   corporation  shall   erect   and   flleflVi, 
maintain  suitable  fences,  with  convenient  bars,  gates  or  openings  ffss  350  §  5 
therein,   upon  both  sides  of  the  entire   length   of  its  railroad,  j?.- 136|^ 
except  at  the  crossings  of  a  public  wav  or  in  places  where  the  '^'J-  '■"'-.■  »*'• 

1  o  J  •  1  1S79.  205,  J  1. 

convenient  use  of  the  railroad  would  be  thereby  obstructed,  and   P.S.'ii2,' 

except  at  places  where,  and  so  long  as,  it  is  specially  exempted  1882/162. 

from  the  duty  of  so  doing  by   the  board  of  railroad  commis-  §126. 

sioners.     Such  an  exemption  granted  prior  to  the  first  day  of  12 Hush! 605. 

August  in  the  year  eighteen  hundred  and  eighty-two  shall  not  be  98Mass.1560 

revoked  except  upon  new  proceedings  had  under  the  provisions   |9J  jjj8^  y^l 

of  this  section,  notice  of  which  shall  be  given   to   the  corpora-    107M.t--.111 
1         1  T  1      1  •  1        r     ^  •  1       •  l08  MaBS-  l89- 

tion,  and  published  once  in  each  ot  three  successive  weeks  in  a   us  Mass.  158, 
newspaper  published  in  each  county  in  which   the  land  is  situ-  121'Mass.  118. 
ated.     The  corporation  shall   also  construct  and    maintain   suffi-   L40  Mass! 240. 
cient  barriers,  where  it   is  necessary  and  practicable  so  to  do,  to   ^1  Mass! 322! 
prevent  the  entrance  of  cattle  upon  the  railroad.     A  corporation 
which  unreasonably  neglects   to  comply  with   the   provisions  of 
this  and  the  following  section  shall,  for  every  such   neglect,   for- 
feit not  more  than  two  hundred  dollars  for  every  month  during 
which   the  neglect   continues;    and    the   supreme    judicial    court 
shall  have  jurisdiction   in  equity  to  compel  the  corporation  to 
comply  with  such  provisions,  and,  upon  such  neglect,  to  restrain 
and  prohibit  it  from  crossing  a  highway  or  town  wav,  or  from 
using  any  land,  until  such  provisions  shall  have  been  complied 
with. 


64 


CROSSINGS. 


i  Josl  of  fenc- 
ing,  how  re- 
i -i'\  ered  from 
in! son  liable. 
L879,  -'05,  §  2. 
P.  8.  11-', 
;   i  L6 
i;  i..  in. 

5  121. 

132  Mass.  24. 


Liens  on  regis- 
tered land,  how 
enforced. 
1898,562,  §  78. 


Separation  < 
grade  cross- 
ings by 
agreement. 
1881,  120. 
P.  S.  112, 
§  117. 
R.  L.  Ill, 
§  122. 


Section  104.  If  a  person  other  than  the  railroad  corpora- 
tion is  required  by  law  or  contract  to  erect  or  maintain  fences 
along  a  part  of  the  line  of  the  railroad,  the  corporation  shall 
erect  such  fences  or  keep  them  in  repair  as  provided  in  the  pre- 
ceding  section,  and  may  recover  the  reasonable  cost  thereof  in 
an  action  of  contract  from  such  person.  If  he  is  an  owner  of 
land  adjoining  such  line,  the  corporation  shall  also  have  a  lien 
upon  said  land  for  labor  performed  and  furnished  and  all  ma- 
terials furnished  and  used  by  it  in  erecting  and  repairing  such 
fences  upon  such  land,  and  for  the  costs  which  may  arise  in 
enforcing  it;  and  it  shall  he  enforced  in  the  manner  provided 
for  enforcing  liens  in  chapter  one  hundred  and  ninety-seven  of 
the  Revised  Laws. 

Revised  Laws,  Chapter  128,  §  77. 
Section  77.  A  lien  of  any  description  upon  registered  land  shall  be 
enforced  in  the  same  manner  as  like  liens  upon  unregistered  land.  If 
registered  land  is  set  off  or  sold  on  execution,  or  taken  or  sold  for 
taxes  or  for  any  assessment,  or  sold  to  enforce  a  lien  for  labor  or 
materials,  or  the  lien  of  a  mortgagee  or  co-tenant  arising  from  a  pay- 
ment of  taxes;  or  for  an  assessment  under  the  provisions  of  sections 
twenty-three  to  twenty-five  of  chapter  fifty,  or  for  costs  and  charges 
for  taking  down  dangerous  structures  under  the  provisions  of  section 
seven  of  chapter  one  hundred  and  four,  or  for  erecting  fences  along 
the  line  of  a  railroad  corporation  under  the  provisions  of  section  one 
hundred  and  twenty-one  of  chapter  one  hundred  and  eleven  or  for 
improving  meadows  and  swamps  under  the  provisions  of  sections  four 
to  seven,  inclusive,  of  chapter  one  hundred  and  ninety-five,  or  for 
flowing  land  under  the  provisions  of  section  fourteen  of  chapter  one 
hundred  and  ninety-six,  or  for  any  costs  and  charges  incident  to  such 
liens,  any  execution,  or  copy  of  the  execution,  any  officer's  return,  or 
any  deed,  demand,  certificate  or  affidavit  or  other  instrument  made  in 
the  course  of  proceedings  to  enforce  such  liens  and  required  by  law 
to  be  recorded  in  the  registry  of  deeds  in  the  case  of  unregistered  land, 
shall  be  filed  with  the  assistant  recorder  for  the  district  in  which  the 
land  lies  and  registered  in  the  registration  book,  and  a  memorandum 
made  upon  the  proper  certificate  of  title  in  each  case  as  an  adverse  claim 
or  encumbrance. 

Crossings. 

Section  105.  If  two  or  more  railroad  corporations  whose 
tracks  cross  each  other  at  the  same  level  agree  to  separate  the 
grades,  they  may  apply  to  the  board  of  railroad  commissioners, 
which  shall  thereupon  determine  when,  in  what  manner  and  by 
which  corporation  said  work  and  each  portion  thereof  shall  be 
done,  and  shall  apportion  all  charges  and  expenses  caused  by 
making  such  alterations  and  all  future  charges  for  keeping  the 
necessary  structures  connected  therewith  in  repair  among  said 
corporations.  For  said  purposes,  the  corporations  may,  under 
the  direction  of  said  hoard,  make  all  necessary  changes  in  the 
location,  grade  and  construction  of  said  railroads,  and,  so  far 
as  may  be  necessary,  may  take  additional  land  therefor,  and 
may  raise,  lower  or  otherwise  change  any  and  all  highways  and 
town  ways ;  and  in  the  exercise  of  said  powers  said  corporations, 


CROSSINGS.  G5 

and  any  person  who  sustains  damage  thereby,  shall  have  all  the 
rights,  privileges  and  remedies,  and  be  subject  to  all  the  duties, 

liabilities  and  restrictions  provided  by  law  in  the  ease  of  land 
taken  by  railroad  corporations.  The  supreme  judicial  court 
shall  have  jurisdiction  in  equity  to  enforce  compliance  with  all 
such  orders  of  said  board. 

Section  106.     A  railroad  shall  not  be  constructed  across  an-  Crossings  of 
other  railroad  at  the  same  level  without  the  consent  in  writing  with  another, 
of  the  board  of  railroad  commissioners,   nor   across  navigable  gabie^waters" 
or  tide  waters  without  the  consent  in  writing  of  the  board   of  liof §5|.' 5 12; 
harbor  and  land  commissioners,   and   in   such  manner   as  said   Ify!' ifjj1 372 
boards,  respectively,  shall  prescribe,  nor  across  any  portion  of  \^  156 
the  deep  channel  of  Boston  harbor  below  the  bridges  existing  p.  s.'ii2, 
on  the  thirtieth  day  of  March  in   the  year  eighteen  hundred  R.  L.111, 
and  eighty-one,  without  special  legislative  authority.      Any  lit-  i25~Mass.  253. 
toral  proprietor  whose  access  to  the  sea  is  obstructed  or  inter- 
rupted by  the  location  and  construction,  after  said  day,  of  any 
railroad  across  tide  wrater,  otherwise  than  by  a  bridge  with  a 
suitable  draw,  may  recover  of  the  corporation  whose  railroad  is 
so  located  all  damages  caused  by  such  location  and  construction, 
in  the  same  manner  and  with  the  same  rights  as  to  security  as 
are  provided  by  law  in  relation  to  damages  caused  by  laying 
out  and  maintaining  railroads;  but  this  provision  as  to  damages 
shall  not  apply  to  any  railroad  constructed  under  the  provisions 
of  chapter  two  hundred   and   fifty-two  of  the  acts  of  the  year  Common- 
eighteen   hundred   and  eighty.      Associates  for  the  purpose   of  wea ' a  s   ats- 
constructing  a  railroad  under  the  provisions  of  section  thirteen, 
or   a   corporation   which   proceeds   to   construct   its   railroad    or 
branch  or  extension  thereof,  shall  not  take  proceedings  which 
involve  a  new  crossing  of  one  railroad  by  another  at  the  same 
level,  unless  such  crossing  is  first  approved  in  writing  by  the 
board  of  railroad  commissioners;    and   every   preliminary   ap- 
proval of  a  plan  for  such  crossing  shall  be  subject  to  revision  by 
said  board.     The  supreme  judicial  court  shall  have  jurisdiction 
in  equity,   upon  information    tiled   by  the   attorney-general,   of 
violations  of  the  provisions  of  this  section. 

Section  107.     A  railroad  which  is  laid  out  across  a  public  Railroad 
way  shall  be  so  constructed   ns  not   to  obstruct    tin1  same;   and,  highway  not 
unless  the  county  commissioners  and  the  board  of  railroad  com-  the°aame.' ' 
missioners  authorize  a  crossing  at  the  same  level  as  provided  in   i846(  27'if  §6l 
section  one  hundred  and  eleven,  it  shall  be  constructed  so  as  to  9. ;  *ti,i:;7 
pass  either  over  or  under  the  way,  as  prescribed  in  the  follow-  Jl7*-  ::7{2'  §86- 
ing  section,  and  conformably  to  any  decree  which  may  be  made   P-,?^112- 
by  the  county  commissioners  under  the  provisions  of  section  one  R.  L.111, 
hundred  and  nine.  14  Gray,  379.  14  Alien,  444. 

Si<;ction  108.     If  the  railroad  is  constructed  to  pass  over  the  Spaceunder 
wav,  a  sufficient  space  shall  be  left  under  the  railroad  conven     ' 
iently  to  accommodate  the  travel  on  the  wav.     If  the   railroad  <;  3.' 63.  &  47.' 
is  constructed  to  pass  under  the  way,  the  railroad  corporation   1875!  219. 
shall  build  such  bridges,  with  their  abutments  and  suitable  ap-   f'120. 
proaches  thereto,  as  will  accommodate  the  travel  upon  the  way;  jiJii.111, 


66 


CROSSINGS. 


130  Mass.  361. 
176  Mass.  145. 


Highway  may 
be  raised  or 
lowered  under 
direction  of 
county  com- 
missioners. 
1833,  1ST.  §  5. 
H.  S.  39,  §  67. 
1855,  350,  §  1. 
G.  S.  63,  §  48. 
1874,  372,  §  88, 
P.  S.  112, 

8  121. 

R.  L. Ill, 

§  126. 

23  Pick.  326. 

9  Cush.  1. 

1  Allen,  329. 
14  Allen.  444. 
113  Mass.  52. 
134  Mass.  549. 


Course  of  high- 
way may  be 
altered. 
1833,  187,  §  6. 
R.  S.  39.  j  7u. 
1849,  159. 
G.  S.  63,  §  55. 
1874,  372,  §  89. 
P.  S.  112, 
§  122. 
R.  L.  Ill, 
§  127. 
14  Allen,  444. 


Crossing  high- 
way or  town 
way  at  a  level. 

1864,  152, 
§§  2,  5,  6. 

1865,  239,  §  1. 
1^7  1.  372,  §  90. 
is 76,  73. 

P.  S.  112, 

§  123. 

R.  L.  Ill, 

§  128. 

178  Mass.  195. 


Rails  to  be  pro- 
tected at  high- 
v.  ay  crossing. 
1857,  287,  §  6. 
G.  S.  63,  §  60. 
1874,  372,  §  91. 
P.  S.  112, 
j   124. 
R.  L.  Ill, 
§  129. 

140  Mass.  84. 
147  Mass.  505. 
164  Mass.  393. 
178  Mass.  195. 


but  no  bridge  for  any  purpose  shall  be  constructed  over  a  rail- 
road at  a  height  less  than  eighteen  feet  above  the  track  of  such 
railroad,  except  by  the  consent  in  writing  of  the  board  of  rail- 
road commissioners.  The  supreme  judicial  court  shall  have 
jurisdiction  in  equity  to  enforce  compliance  with  the  provi- 
sions of  this  section. 

Section  1<>!>.  A  railroad  corporation  may  raise  or  lower  a 
public  way  for  the  purpose  of  having  its  railroad  pass  over  or 
under  the  same;  but  before  proceeding  to  cross  or  to  alter  or 
excavate  for  the  purpose  of  crossing  the  way,  it  shall  obtain 
from  the  county  commissioners  a  decree  prescribing  what  al- 
terations may  be  made  in  the  way,  and  what  structures  erected 
at  the  crossing;  and  the  manner  and  time  of  making  or  erect- 
ing the  same;  and  before  entering  upon,  excavating  or  altering 
the  way,  it  shall  give  to  the  city  or  town  in  which  the  crossing 
is  situated  security,  satisfactory  to  the  commissioners,  that  it 
will  faithfully  comply  with  the  requirements  of  the  decree  to 
their  acceptance,  and  will  indemnify  the  city  or  town  against 
all  damages  and  charges  by  reason  of  a  failure  so  to  do. 

Section  110.  A  railroad  corporation  may  alter  the  course 
of  a  public  way  for  the  purpose  of  facilitating  the  crossing 
thereof  by  its  railroad  or  of  permitting  its  railroad  to  pass  at 
the  side  thereof  without  crossing,  if,  after  notice  to  the  city  or 
town  in  which  the  way  is  situated,  and  a  hearing,  the  county 
commissioners  decide  that  such  alteration  will  not  essentially 
injure  the  way,  and  make  a  decree  prescribing  the  time  and 
manner  of  such  alteration.  The  corporation  shall  pay  all  dam- 
ages caused  to  private  property  by  the  alteration,  as  in  case  of 
land  taken  for  its  railroad. 

Section  111.  If  a  railroad  is  laid  out  across  a  public  way, 
the  county  commissioners,  upon  the  application  of  the  railroad 
corporation,  or  of  the  board  of  aldermen  of  the  city  or  select- 
men of  the  town  in  which  the  crossing  is  situated,  after  notice 
to  all  persons  interested  and  a  hearing,  may  adjudge  that  pub- 
lic necessity  requires  the  crossing  at  the  same  level,  and  may, 
if  the  board  of  railroad  commissioners  also  consents  in  writing 
to  such  crossing  at  the  same  level,  make  a  decree  specially  to 
authorize  and  require  the  corporation  so  to  construct  its  rail- 
road, in  such  manner  as  shall  be  prescribed  in  the  decree,  and 
said  commissioners  may  modify  the  terms  of  such  decree  or 
may  revoke  it  at  any  time  before  the  construction  of  the  rail- 
road at  such  crossing. 

Section  112.  A  railroad  corporation  whose  railroad  is 
crossed  by  a  public  way  at  the  same  level  shall,  at  its  own  ex- 
pense, so  guard  or  protect  its  rails  by  plank,  timber  or  other- 
wise  as  to  secure  a  safe  and  easy  passage  across  its  railroad; 
and  if,  in  the  opinion  of  the  county  commissioners,  any  subse- 
quent alteration  of  the  highway  or  other  way  or  additional  safe- 
guards are  required  at  the  crossing,  they  may  make  a  decree 
ordering  the  corporation  to  establish  the  same  as  provided  in 
section  one  hundred  and  nine. 


CROSSINGS.  07 

Section  113.     A  public  way  may  be  laid  out  across  a  rail-  When 

i  i  -,       .  »      i      v  .  ways  may  be 

road  previously  constructed,   it  the  county  commissioners   ad-  laid  out  across 

judge  that  the  public  necessity  and  convenience  so  require;  and  R. S. 39,  §  69. 

in  such  case,  after  notice  to  the  railroad  corporation  and  a  hear-  §§  1-5. 

ing  of  all  parties  interested,  they  may  thus  lay  out  or  may  an-  §§57-59. 

thorize  a  city  or  town,  upon  petition  of  the  board  of  aldermen  1I7I;  732,  * 92" 

or  selectmen  thereof,  to  lay  out  a  way  across  a  railroad,  in  such  fifs112, 

manner  as  not  to  injure  or  obstruct  the  railroad,  and  otherwise  j,!};111, 

in  conformity  with  the  provisions  of  sections  one  hundred  and  11  Gray,  512. 

seven  and  one  hundred  and  eight ;  but  they  shall  not  permit  it  7  Alien!  523! 

to  cross   at   a   level   with   the   railroad   unless   public   necessity  147  Mass! 455. 

so  requires,  and  the  board  of  railroad  commissioners  consents  173  Mai*!  i^3 

thereto  in  writing,  in  which  case  the  county  commissioners  may  [||  ^J;^;  {;[;!• 

give  special  authority  for  such  crossing  as  provided  in  section  1SS  Mass-  -a4- 
one  hundred  and  eleven. 

Acts  of  1905,  Chapter  456. 

An  Act  to  authorize  the  Metropolitan  Park  Commission  to  lay  out,  extend  and 
construct  Roadways  and  Parkways  across  Railroads,  and  to  make  Certain 
Agreements  with  Railroad  Companies. 

Section  1.     The  metropolitan  park  commission  is  hereby  authorized  The  metropoli- 

.  ,  .  .  '  .  tan  park  com- 

to  make  and  enter  into  such  agreements  with  any  railroad  corporation   mission  may 
as  may  be  necessary  to  secure  or  facilitate  the  laying  out,  extension,  roadways,  etc., 
construction  and  maintenance  of  a  roadway  or  parkway  under  the  care,   ^dss  rjll_ 
custody  or  control  of  said  commission  across  railroad  lands  or  locations, 
and   to   indemnify   such   railroad   corporation    against    any   claims   for 
damages  to  persons  or  property,  arising  out  of  such  laying  out,  exten- 
sion, construction  and  maintenance. 

Section   2.      Said    commission    shall    give   the   railroad   corporation  To  give  notice 
thirty  days'  notice  in  writing  of  the  proposed  work,  accompanied  by  a   corporations 
plan  thereof;   and   in   case   said   commission   is   unable   to   agree   with   etc- 
the   railroad   corporation    across    whose    land    or    location   it   desires   to 
lay  out,  extend  and  construct  a  roadway  or  parkway,  it  may  have  the 
question  of  its  right  to  cross  and  the  manner  of  crossing  determined 
by  the  board  of  railroad  commissioners:  provided,   however,  thai    no   Proviso. 
crossing    of    such    roadway    or    parkway    shall    be    at    a    level    with    the 
railroad  tracks  and  thai  no  such  roadway  or  parkway  shall  be  laid  out, 
extended  and  constructed  across  a   railroad  in  such  manner  as  to  injure 
or  obstruct  the  railroad. 

Section  3.     Said  hoard,  upon   petition   of  the  commission,  and  after    Railroad  corn- 
due  notice  to  the  railroad   company,  shall   hear  the   parties;  and   the  ""X""  "':iy 
board,   if  of  opinion   that    said    petition    should    he   granted,    shall    make    decree,  etc. 
a  decree  describing  the  place  time  and  manner  of  constructing  such 
Crossing,   and    how   much,   if  any,  of  the   work    made    necessary   by  such 

crossing  shall  he  done  by  the  railroad   i ipany;  and  thereafter  said 

commission  may  lay  out,  construct  and  maintain  such  roadway  or 
parkway  across  the  railroad  in  accordance  with  the  terms  of  said 
decree. 

SECTION  4.     All  expenses  of  and    incident    to   constructing  and    main-    Paymentof 
tabling  any  roadway  or  parkway  crossing  a  railroad  as  herein  provided   *'M  ' 
shall  be  borne  by  the   Commonwealth   and  shall   be   paid   oul    of  the 
funds  available  for  use  by  said  commission,  unless  otherwise  determined 
by  an   agreement  between   said   commission   and    any   such    railroad   cor- 
poration. 


(58 


CROSSINGS. 


Damages. 


Proviso. 


Alterations  of 

canals. 

1837,  226, 

§§  1,4. 

G.  S.  63,  §  56. 

1X71.  372,  §  93. 

P.  S.  112, 

§  126. 

K.  L.  Ill, 

§  131. 

Obstructions 
and  repairs  at 
en  issings. 
1855,  350,  §  2. 
G.  S.  63,  §  49. 
1874,  372,  §  94. 
P.  S.  112, 
*  127. 

i:   L.  in, 

§  132. 


Repairs  of 
bridges,  etc. 
K.  S.  39,  §  72. 
L846,  271,  §  1. 
1851,  88. 
1855,  350,  §  4. 
G.  S.  63,  §|  61, 
67,  69. 

1872,  262,  5  6. 
1874,  372.  §  95. 
P.  8.  11-', 
5   L28 
l;    l.   in, 
§  133. 

7  Cush.  490. 
12  Allen,  254. 
97  Mass.  430. 
131  Mass.  516. 
13*  Mass.  I.")!. 
139  Mass.  528. 
L59  Mass.  289. 
188  Mass.  234. 


Section'  5.  The  damages  sustained  by  any  railroad  corporation  by 
reason  of  the  laying  out,  extension,  construction  and  maintenance  of  a 
roadway  or  parkway  under  this  act  may  be  assessed  by  a  jury  of  the 
superior  courl  in  the  same  manner  as  is  provided  by  law  with  respect 
to  damages  sustained  by  reason  of  the  laying  out  of  ways:  provided, 
however,  that  no  suit  for  such  damages  shall  be  brought  after  the  ex- 
piration  of  three  years  from  the  day  when  the  railroad  is  entered  upon 
for  the  purpose  of  constructing  any  roadway  or  parkway  as  authorized 
herein. 

Section  6.  This  act  shall  take  effect  upon  its  passage.  [Approved 
May  25,  1905. 

Section  114.  A  railroad  corporation  may,  with  the  consent 
of  a  canal  corporation,  alter  the  course  of  a  canal  or  of  a  feeder 
to  a  canal,  which  interferes  with  the  convenient  location  of  its 
railroad.  Damages  caused  by  taking  property  therefor  shall  be 
estimated  and  paid  as  in  case  of  land  taken  under  the  provi- 
sions of  section  eighty-three. 

Section  115.  If,  upon  application  to  the  county  commis- 
sioners by  the  board  of  aldermen  of  a  city  or  selectmen  of  a 
town,  and  after  notice  to  the  corporation  which  owns  or  oper- 
ates a  railroad,  and  a  hearing,  it  appears  that  the  railroad  so 
crosses  a  public  way  as  to  obstruct  it,  contrary  to  the  provi- 
sions of  section  one  hundred  and  seven,  or  of  a  decree  made 
under  the  provisions  of  section  one  hundred  and  nine,  or  that 
the  corporation  refuses  or  neglects  to  keep  a  bridge  or  other 
structure  which  is  required  or  necessary  at  such  crossing  in 
proper  repair,  the  county  commissioners  may  make  a  decree 
prescribing  what  repairs  shall  be  made  by  the  corporation  at 
the  crossing,  and  the  time  within  which  they  shall  be  made, 
and  shall  make  a  decree  ordering  the  corporation  to  pay  the 
costs  of  the  application.  They  may  further  order  the  corpora- 
tion to  give  security,  as  provided  in  section  one  hundred  and 
nine,  for  the  faithful  performance  of  the  requirements  of  the 
decree  and  for  the  indemnity  of  said  city  or  town  upon  a  fail- 
ure in  such  performance. 

Section  116.  Every  railroad  corporation  shall,  except  as 
provided  in  sections  twenty-nine  to  forty-five,  inclusive,  of  Part 
1,  at  its  own  expense,  construct,  maintain  and  keep  in  repair 
all  bridges,  with  their  approaches  and  abutments,  which  it  is 
authorized  or  required  to  construct  over  or  under  a  canal  or 
public  way;  and  a  city  or  town  may  recover  of  the  railroad 
corporation  whose  railroad  crosses  a  public  way  therein  all 
damages,  charges  and  expenses  incurred  by  such  city  or  town 
by  reason  of  the  neglect  or  refusal  of  the  corporation  to  erect 
or  keep  in  repair  all  structures  required  or  necessary  at  such 
crossing;  but  if,  after  the  laying  out  and  building  of  a  rail- 
road, the  county  commissioners  authorize  a  public  way  to  be 
laid  out  across  the  railroad,  all  expenses  of  and  incident  to 
constructing  and  maintaining  the  way  at  such  crossing  shall  be 
borne  by  the  county,  city,  town  or  other  owner  of  the  same,  un- 
less otherwise  determined   by  an  award  of  a  special  coniniis- 


VSb 


1908. 

Chapter  552. 

An  Act  relative  to  the  Repair  and  Maintenance  of  Certain  Bridges. 

Section  1.  If  the  county  commissioners  of  a  county,  the  board  of  Maintenance 
aldermen  of  a  city  or  the  selectmen  of  a  town  in  which  a  bridge  at  the  i','n  ' 
crossing  of  a  public  way  and  a  railroad,  or  a  bridge  upon  which  a 
street  railway  company  is  authorized  to  lay  and  use  tracks,  is  located 
in  whole  or  in  part,  or  the  directors  of  a  corporation  owning  or 
operating  such  railroad,  or  the  directors  of  a  company  owning  or 
operating  such  street  railway,  are  of  the  opinion  that  such  bridge  is 
in  need  of  maintenance  or  repair,  they  may  apply  to  the  board  of  rail- 
road commissioners  who  shall,  after  public  notice,  hear  all  persons 
interested,  and,  if  they  decide  that  the  work  of  maintenance  or  repair 
is  necessary,  shall  prescribe  the  manner  in  and  the  limits  within  which 
it  shall  be  done,  and  shall  forthwith  certify  their  decision  to  the  parties. 

Section  2.  If  railroad  corporations,  street  railway  companies,  conn-  Maintenance 
ties,  cities,  towns,  or  any  of  them,  jointly  or  severally,  are  charged  with  j''I!1'(11,"',!/:"r "' 
the  duty  of  maintaining  or  repairing  any  such  bridge  under  any  provi- 
sion of  law,  agreement,  or  decree  of  court,  and  if  the  party  or  parties 
so  charged  with  such  duty  refuse  or  neglect  to  carry  into  effect  such 
decision  within  a  reasonable  time,  any  other  such  party  may  apply  to 
the  superior  court,  which  shall  have  jurisdiction  in  equity  to  enforce 
the  carrying  into  effect  of  such  decision  by  the  party  or  parties  so 
charged  with  such  duty. 

Section  3.     This  act  shall  take  effect  upon  its  passage.     [Approved 
May  27,  1903. 


CROSSINGS.  G9 

sion,  under  proceedings  in  accordance  with  the  provisions  of 
[the  five  following  sections.]  sections  twenty-three  to  twenty- 
eight,  inclusive,  of  Part  I. 

Acts  of  1907,  Chapter  315. 

An  Act  relative  to  constructing  Ways  across  the  Locations  of  Railroad  Corpora- 
tions. 

Section  1.     Section  one  hundred  and  sixteen  of  Part  II  of  chapter  iqq6,  j,es, 
four  hundred  and  sixty-three  of  the  acts  of  the  year  nineteen  hundred  amended- 
and  six  is  hereby  amended  by  striking-  out  the  words  "  the  five  following 
sections ",    at    the    end    thereof,    and    inserting    in    place    thereof    the 
words :  —  sections  twenty-three  to  twenty-eight,  inclusive,  of  Part  I,  — 
so  as  to  read  as  follows:  —  Section  116.     Every  railroad  corporation   Repairs  of 
shall,  except  as  provided  in  sections  twenty-nine  to  forty-five,  inclusive,   bndses-  etc- 
of  Part  I,  at  its  own  expense,  construct,  maintain  and  keep  in  repair 
all  bridges,  with  their  approaches  and  abutments,  which  it  is  authorized 
or  required  to  construct  over  or  under  a  canal  or  public  way ;  and  a   Alteration  of 
city  or  town  may  recover  of  the  railroad  corporation  whose  railroad   25^513?  'aw 
erosses  a  public  way  therein  all  damages,  charges  and  expenses  incurred 
by  such  city  or  town  by  reason  of  the  neglect  or  refusal  of  the  corpo- 
ration to  erect  or  keep  in  repair  all  structures  required  or  necessary 
at  such  crossing;  but  if,  after  the  laying  out  and  building  of  a  railroad,  [Se^Part  I, 
the  county  commissioners  authorize  a  public  way  to  be  laid  out  across  n~i2\  ' 
the   railroad,   all  expenses  of   and   incident   to  constructing   and    main- 
taining the  way  at  such  crossing  shall  be  borne  by   the  county,  city, 
town   or  other  owner  of  the  same,  unless  otherwise  determined  by  an 
award  of  a  special  commission,  under  proceedings  in  accordance  with 
the   provisions   of  sections   twenty-three  to  twenty-eight,   inclusive,   of 
Part  I. 

Section  2.     This  act  shall  take  effect  upon  its  passage.     [Approved 
April  18,  1907. 


Section  117.  County  commissioners  shall  have  original  ju-  County  com- 
risdiction  of  questions  relative  to  obstructions  to  highways  or  have  jurisdic- 
town  ways  which  are  caused  by  the  construction  or  operation  structions! 

r  -i  i  is  1<)    222    S  4 

of  railroads.         1874, 372,  §  102.        p.  s.  112,  §  135.        r.  l.  111, §  140.  g.s.63,  §  62." 

4  Cush.  63.  2  Gray,  54.  14  Gray,  93.        141  Mass.  17.  155  Mass.  16. 

Section  118.     The  supreme  judicial  court  shall  have  juris-  — orderaof, 
diction   in  equity  to  compel  a  railroad  corporation  to  raise  or  l849?222?!j5 
lower  a  public  way  which  the  county  commissioners  have  de    q 
cided  is  necessary  for  the  security  of  the  public  to  be  raised  or  H74  372 
lowered,  and  to  compel  it  to  comply  with  the  orders  of  county  |8g(]3111  S4 
commissioners  relative  to  obstructions  of  such  ways  by  it  ;  and   V'n,-11"' 
if,  upon  the  petition  of  the  board  of  aldermen  of  a  city  or  ki.hi. 
selectmen  of  a  town,  it  appears  thai  such  corporation  lias  ex-  7Cush. 506. 
cavated  or  altered  a  public  way  withoul   obtaining  the  decree 
and  giving  the  security   required  by  section  one  hundred   and 
nine,  or  has  neglected   for  fifteen  days  to  give  security  as  re- 
quired by  section  one  hundred  and   fifteen,  said  court    may  en- 
join it  from  entering  upon,  altering,  excavating  or  crossing  the 
way  until  such  decree  lias  been  obtained  or  such  security  given. 

Section  119.     An  application  for  damages  which  have  been  Crossings 
sustained  by  the  owner  of  a  private  way,  by  reason  of  a  rail    Vs!;.;,  is 7. ',<.-, 


70 


CROSSINGS. 


R.  S.  39.  §  71. 

I  .    S   63,  §  28. 


Severance  of 
private  land 
by  crossing. 
1S57,  213, 
§§  1-4. 
G.  S.  63, 
§§  64-66. 
L874,  372, 
§  105. 
P.  S.  112, 
§  138. 
L897,  264. 
K.  L.  Ill, 
§  143. 

14  Allen,  444. 
103  Mass.  1. 


Access  to 
land  cut  off 
by  railroad. 
1892,  171. 
R.  L.  Ill, 
§  144. 

162  Mass.  81. 
165  Mass.  514. 


Appeal  from 
county  com- 
missioners. 
1882,  135, 
U  1-3. 
R.  L.  Ill, 
§  145. 
141  Mass.  208. 


—  from 
proceedings 
thereon. 
1882,  135, 
§§4,5. 


road  crossing  the  same,  shall  be  made  within  three  years  after 
the  time  when  the  way  was  so  obstructed.         1S74,  362;  372,  §  104. 

P.  S.  112,  §  137.  R.  L.  Ill,  §  142.  103  Mass.  1. 

Section  120.  If  a  railroad  which  has  been  lawfully  laid 
out  through  land  without  the  consent  of  the  owner  thereof  sepa- 
rates a  portion  of  such  land  from  another  or  from  a  public  way, 
and  the  owner,  having  a  right  to  cross  the  railroad,  cannot  agree 
with  the  corporation  as  to  the  place  or  manner  in  which  he  shall 
cross,  or  if  a  crossing  is  inconvenient,  either  party,  in  a  case 
which  does  not  involve  the  abolition  of  a  crossing  at  grade,  may 
apply  to  the  county  commissioners,  who,  after  taking  a  recogni- 
zance from  the  applicant  to  the  county,  with  sureties  to  their 
satisfaction,  for  the  payment  of  costs  and  expenses  according  to 
their  order,  and  after  notice  to  the  other  party  and  a  hearing, 
may  make  an  order  relative  to  such  crossing  and  to  the  costs  of 
the  application ;  but  they  shall  not  order  the  corporation  to  con- 
struct or  maintain  a  crossing  without  its  consent,  unless  it  is 
liable  by  law  or  by  agreement  to  construct  a  crossing  for  the 
owner  of  the  land,  or  is  the  applicant. 

Section  121.  If  by  the  laying  out  of  a  railroad,  or  the 
widening  thereof,  a  person  is  cut  off  from  access  to  land  owned 
by  him,  and  has  neither  received  compensation  nor  made  an 
agreement  with  the  corporation  relative  thereto,  the  board  of 
railroad  commissioners,  after  notice  to  the  parties  and  a  hear- 
ing, may  make  a  decree  ordering  a  crossing  to  be  made  and 
maintained  at  the  expense  of  the  railroad  corporation,  specify- 
ing definitely  the  character  thereof  and  when  it  may  be  used. 
If  the  railroad  corporation  neglects  for  ninety  days  after  the 
date  of  such  order  to  comply  therewith,  it  shall  forfeit  five  dol- 
lars for  every  day  thereafter  during  which  such  neglect  con- 
tinues, which  shall  be  recovered  by  the  person  aggrieved.  The 
amount  recovered  shall  be  equally  divided  between  the  plaintiff 
and  the  county  within  which  the  crossing  was  ordered  to  be 
maintained. 

Section  122.  A  party  who  is  aggrieved  by  a  decision  or 
order  of  the  county  commissioners  in  any  matter  or  proceeding 
arising  under  the  provisions  of  section  twenty-three  of  Part  I, 
or  of  section  one  hundred  and  twenty  of  Part  II,  or  by  their 
unreasonable  refusal  or  neglect  to  announce  a  decision  in  any 
such  matter  or  proceeding  for  sixty  days  after  the  first  day 
fixed  for  a  hearing  thereon,  may  appeal  to  the  board  of  rail- 
road commissioners  by  filing  a  notice  of  appeal  with  the  county 
commissioners  within  ten  days  after  the  decision  or  order  ap- 
pealed from,  or  in  case  of  a  refusal  or  neglect  to  announce  a 
decision,  within  ten  days  after  the  expiration  of  sixty  days 
from  the  first  day  fixed  for  a  hearing  thereon.  The  proceed- 
ings before  the  county  commissioners  in  which  the  appeal  is 
taken  shall  thereupon  be  stayed. 

Section  123.  The  appellant,  to  perfect  the  appeal,  shall, 
within  twenty  days  after  filing  the  notice  thereof,  file  with  the 
clerk  of  the  board  of  railroad  commissioners  a  petition  stating 


BRANCHES  AND  EXTENSIONS.  71 

the  reasons  for  the  appeal,  and  shall,  within  ton  days  after  r.l. in, 
tiling  the  petition,  cause  a  certified  copy  thereof  to  be  served 
upon  the  county  commissioners.  An  appeal  may  be  waived  at 
any  time  before  a  hearing  thereon  by  agreement  of  the  parties 
in  writing,  filed  with  the  county  commissioners  and  said  board. 
If  the  appellant  fails  to  perfect  the  appeal,  or  if  the  appeal  is 
waived,  the  matter  may  proceed  before  the  county  commission- 
ers as  if  no  appeal  had  been  taken. 

Section   124.      The  board  of  railroad  commissioners   shall  5fpJ^o£ 
hear  the  appeal  authorized  by  section  one  hundred  and  twenty-  g™eJ8  of 
two  in  the  county  in  which  it  is  taken,  unless  the  parties  in  1882.135, 
writing  otherwise  agree.      Upon  such  appeal,  said  board  shall  r.l'.  111, 
have  the  same  powers  and  perform  the  same  duties  as  county 
commissioners  in  like  matters   and  proceedings,   and  shall  be 
governed  by  the  provisions  of  law  relative  to  hearings  and  de- 
terminations by,  and  decisions  and  orders  of,  the  county  com- 
missioners in  such  matters  and  proceedings. 

Section  125.     Xo  right  of  way  across  any  railroad  track  or  Right  of 
location  which  is  in  use  for  railroad  purposes  shall  be  acquired  acquired  by 
by  prescription.     The  provisions  of  this  section  shall  not  apply  1I92T275011' 
to  rights  of  way  which  existed  on  the  fifth  day  of  June  in  the  f  14&111' 
year  eighteen  hundred  and  ninety-two.  lliMasa  107! 

142  Mass.  21.  144  Mass.  336.  145  Mass.  433.  176  Mass.  359. 


BRANCHES    AND    EXTENSIONS. 

Section  12(1.     A  railroad  corporation,  after  having  finished  ^xr,ae"^';onSand 
the  construction  of  its  railroad  and  put  it  in  operation,  may  :VS7-,1,  :I;V  ■'    '■ 
build  a  branch  or  extension  thereof  in  accordance  with  the  pro-  If  31.32. 

•  •  I*  (•  "I    1  •      •  1  •         "I  1  loiO,    111). 

visions  of  this  chapter,  if  an  amount  of  additional  capital  stock,  1878,  215, 5  1 
applicable  solely  to  the  construction  of  such  branch  or  exten-  §§139,140. 
sion,  has  been  subscribed,  and  a  certificate  of  the  board  of  rail-  §§  1/3.   ' 
road  commissioners  that  public  necessity  and  convenience  re-  §  iei. 
quire   the   construction    of   the   branch    or   extension    has    been   12i  Mass-368- 
obtained,  and  a  certificate  of  the  clerk  of  said  board  has  been 
filed  according  to  the  provisions  of  section  seventy-one,  and   it 
may  build  such  branch  or  extension  without   additional  capital 
stock,  if  its  indebtedness  is  not  thereby  increased  ;  hut  the  pro- 
visions of  this  section  shall  not  invalidate  a  lease  or  contrad 
between  railroad  corporations  which  is  made  pursuant    to   law. 
Upon  the  filing  of  such  certificate,  fifty  dollars  shall  be  paid  to 
the  secretary  of  the  commonwealth.     If  the  construction  of  such 
branch  or  extension  is  not  begun,  and  ten  per  cent  of  the  addi- 
tional capital  stock  is  not  expended   thereon  within   two  years 
after  the  date  of  the  certificate  required  by  section  seventy-one 
and  the  branch  or  extension  complete*]    and    put    in   operation 
within  four  years  after  said  date,  the  power  of  the  railroad  cor- 
poration to  construct  the  same  shall  cease. 


72 


OPENING  THE  RAILROAD  FOR  USE,  ETC. 


Road  not  to  be 
opened  for 
public  use 
until,  etc. 
L874,  223;  372, 
§  120. 

P.S.  112.  §  141. 
R.  L.  Ill, 
§  162. 

When  road  is 
opened  for 
public  use, 
map,  etc.,  to 
be  filed,  etc. 
1872,  53,  §  14; 
180,  §  3. 
L874,  372,  §  34. 
P.  S.  112, 
§  142. 
R.  L.  Ill, 
§  163. 


OPENING   THE   RAILROAD   FOR  USE. 

Section  127.  A  railroad  or  branch  or  extension  thereof  shall 
not  be  opened  for  public  use  until  the  board  of  railroad  com- 
missioners, after  an  examination,  certifies  that  all  laws  relative 
to  its  construction  have  been  complied  with,  and  that  it  appears 
to  be  in  a  safe  condition  for  operation. 

Section  128.  AYhen  a  railroad  or  a  branch  or  extension 
thereof  is  finished  and  opened  for  public  use,  the  corporation 
by  which  it  was  constructed  shall,  within  one  year  thereafter, 
file  in  the  office  of  the  secretary  of  the  commonwealth  a  map 
and  profile  thereof,  with  tables  of  grade  and  curvature  and  a 
statement  of  the  other  characteristics  of  the  railroad,  certified 
by  its  president  and  engineer  in  such  form  as  the  board  of  rail- 
road commissioners  may  prescribe. 


Draw-tender. 

1855,  434, 

§§  1,  2. 

G.  S.  63,  §  73. 

1863,  131,  §  1. 

1874,  372, 

§  10S. 

P.S.  112,  §  148. 

R.  L.  Ill, 

§  170. 

Drawbridges 
to  be  kept 
closed,  except. 
1855,  434, 
§§  2,3. 
G.  S.  63,  §  74. 
1863,  131,  §  2. 
1874,  372, 
§  109. 
P.S.  112, 
§  149. 
R.  L.  Ill, 
§  171. 


Passage  of 

vessels,  how 

regulated. 

1855,  434, 

§§  3,4. 

G.  S.  63, 

§§  75,  76. 

1874,  372, 

§  110. 

P.S.  112, 

§  150. 

R.  L.  Ill, 

§  172. 

127  Mass.  7. 

146  Mass.  621. 


Drawbridge 

signals. 

1863,  131,  §  3. 

1874,  372, 

§  111. 

P.S.  112,  §151 

R.  L.  Ill, 

§  173. 


EQUIPMENT    AND    OPERATION. 

Drawbridges. 

Section  129.  Every  railroad  corporation  shall  provide  for 
each  drawbridge  upon  the  line  of  its  railroad  an  experienced 
draw-tender,  who  shall  have  full  control  of  the  passing  of  ves- 
sels through  the  draw ;  and  the  corporation  shall  make  and 
enforce  regulations  for  each  drawbridge  conformable  to  the  fol- 
lowing seven  sections. 

Section  130.  Every  such  drawbridge  shall  be  kept  closed 
at  all  times,  except  while  open  for  the  actual  passage  of  ves- 
sels. The  draw-tender  shall  at  all  hours  of  the  day  and  night 
be  ready  to  open  the  draw ;  shall  decide,  having  regard  to  the 
convenient  and  secure  passage  of  engines  and  trains  and  the 
state  of  the  tide,  when  and  in  what  order  vessels  may  pass,  al- 
lowing no  unnecessary  detention ;  and  shall  give  all  the  neces- 
sary advice  and  furnish  proper  facilities  for  such  passing. 

Section  131.  The  master  of  a  vessel  who  applies  to  pass 
such  draw  shall  give  to  the  draw-tender  a  true  report  of  his 
vessel's  draught  of  water,  and  of  anything  projecting  below  such 
vessel's  draught,  and  shall  be  governed  by  him  as  to  priority  of 
right  if  two  or  more  vessels  apply  at  the  same  time  to  pass.  In 
passing,  he  shall,  unless  otherwise  directed  by  the  draw-tender, 
go  to  the  right  according  to  the  tide,  if  practicable,  and  shall 
so  place  his  buoys,  warping-lines,  anchors,  cables  and  other  rig- 
ging and  equipment  as  neither  to  interfere  with  other  vessels 
nor  obstruct  or  injure  the  bridge;  and  he  shall  be  allowed  a 
reasonable  time  for  his  vessel  to  pass.  A  railroad  train  shall  be 
allowed  fifteen  minutes  to  cross  a  draw  before  and  after  it  is 
due  by  its  time  table,  and  any  approaching  train  shall  be  al- 
lowed a  further  reasonable  time  to  pass. 

Section  132.  Every  drawbridge  shall  be  furnished  with 
conspicuous  day  and  night  signals,  which  shall  be  displayed  at 
all  times  in  such  manner  as  clearly  to  indicate  to  the  engineer 
of  an  approaching  train  whether  the  draw  is  open  or  closed. 


STATIONS.  73 

Section  133.     The  railroad  corporation  may  erect,  at  a  dis-  Drawbridge 
tance  of  five  hundred  feet  from  every  drawbridge,  or  at  such  i863.'i3i,  §  4. 
other  distance  as  may  on  its  application  he  prescribed  by  the  sni372, 
board  of  railroad  commissioners,   and  on  each  side  thereof,   a  fir/.-11"' 
substantial  barrier,  so  constructed  and  connected  with  the  draw  5174.111, 
by  suitable  mechanism,  that  the  draw,  when  in  position  for  the 
passage  of  trains,  cannot  be  opened  or  moved  until  the  barriers 
have  been  closed  across  the  track  in  such  manner  as  to  be  a 
warning  to  any  train  which  approaches  in  either  direction. 

Section  134.     If  a  drawbridge  is  not  furnished  with  such  l^hat'draw- 
barriers,  and  in  all  cases  if  by  reason  of  darkness  or  otherwise  ^"^1  a 
the   barriers   or   signals  connected  with   a   drawbridge   are  not  \^>'f  }Ji\-  §  5- 
visible  from  the  engine  of  an  approaching  passenger  train,  the  i1^-     ' 
engineer  of  such  train  shall  bring  it  to  a  full  stop  at  a  distance  §  153. 

R     1       111 

of  not  less  than  three  hundred  nor  more  than  eight  hundred  feet  §  175. 
from  the  drawbridge,  and,  before  proceeding,  shall  positively 
ascertain  that  the  draw  is  properly  closed  for  the  passage  of 
trains;  except  that  if  the  drawbridge  is  between  two  railroad 
crossings  at  grade,  within  six  hundred  feet  of  each  other,  one 
stop  only  shall  be  required  for  such  crossings  and  drawbridge. 

Section  135.     A  railroad  corporation  which  neglects  to  com-  Penalty  on 
ply  with  the  provisions  of  sections  one  hundred  and  thirty-two  for  neglect, 
and  one  hundred  and  thirty-four  shall  forfeit  one  hundred  dol-  1863, 131,  §  6. 
lars  for  each  day  such  neglect  is  continued;  and  an  engineer  or  §Sn4.'^""'' 
draw-tender  who  violates  any  provision  of  said  sections  or  any  f'ifi112' 
regulation  established  in  conformitv  therewith  for  such  draw-  P-;™111, 
bridge  by  the  corporation  by  which  he  is  employed  shall  forfeit 
one  hundred  dollars  for  each  offence,  which  shall  be  recovered 
in  the  county  in  which  the  offence  is  committed,  to  the  use  of 
the  informer. 

Section  130.     Whoever  violates  any  provision  of  the  seven  —  for  obstruct- 
preceding  sections,  shall,  unless  otherwise  therein  provided,  for-  tender,  etc. 
feit  not  less  than  three  nor  more  than   fifty  dollars   for  each  §§'5>-7. 
offence.      Whoever  wilfully  injures  or  defaces  any  such  draw-  $*  vs-fo. 
bridge  or  wharf  or  pier  appurtenant   thereto,  or  any   railroad   sn^.372, 
bridge,  wharf  or  pier,  shall  forfeit  not  less  than  three  nor  more  f\!c112, 
than  fifty  dollars  for  each  offence.     Whoever  without  the  con-  R.L.111, 
sent  of  the  draw-tender  opens  or  wilfully  obstructs  the  draw,  or  127  Mass.  7. 
wilfully  makes  fast  or  moors  any  scow,  raft  or  other  vessel  in 
such  manner  as  to  obstruct  passage  to  or  through  said  draw,  or 
wilfully  hinders  a  draw-tender  in  the  performance  of  his  duties, 
shall  forfeit  not  less  than  fifty  nor  more  than  one  hundred  dol- 
lars for  each  offence. 

Sicilians. 

Section  137.     A  railroad  corporation  which  has  established  ^j^"®"* 
and  maintained  a  passenger  station  throughout  (he  year  for  five  stations 

-i  ™  o  «  Tax.  1 1 1  a  t  <•  1 1 . 

consecutive  years  at  any  point  upon  its  railroad  shall  not  aban-  i|65. 175. 
don  such  station,  unless  it  is  relocated  under  the  provisions  of  §  ue. 

•       ••  i  P   s    1 1  ° 

the  following  section,  nor  substantially  dimmish  the  accommo-  §156. 
dation  furnished  by  the  stopping  of  trains  thereat  as  compared   J'ks"1' 
with  that  furnished  at  other  stations  on  the  same  railroad.     The  [g  [{*«£  *{£ 


74 


SWITCHES,   BRIDGE    GUARDS,   ETC. 


Relocation  of 
stations  and 
freight  depi  A  , 
1872,  162. 
L874,  372, 
§  117. 

P.S.  112.  §157. 
R.  L.  Ill, 
§  179. 

Way  stations 
to  be  indicated 
by  signs. 
1879,  106. 
P.S.  112, 
§  158. 
R.  L.  Ill, 
§  180. 

Compensation 
for  joint  occu- 
pation. 
1893,  1  12. 
R.  L.  Ill, 
§  181. 


supreme  judicial  court,  upon  an  information  filed  by  the  at- 
torney-general at  the  relation  of  ten  legal  voters  of  the  city  ©r 
town  in  which  such  station  is  located,  shall  have  jurisdiction  in 
equity  to  restrain  the  violation  of  the  provisions  of  this  section. 

Section  138.  A  railroad  corporation  may  relocate  passen- 
ger stations  and  freight  depots,  with  the  approval  in  writing  of 
the  board  of  railroad  commissioners  and  of  the  board  of  alder- 
men of  the  city  or  the  selectmen  of  the  town  in  which  such  sta- 
tions or  depots  are  situated.  137  Mass.  45.  158  Mass.  104. 

Section  139.  Every  railroad  corporation  shall  indicate  to 
its  passengers  the  name  of  each  way  station  by  placing  at  or 
near  the  station  a  proper  and  conspicuous  sign  or  signs,  and 
shall  forfeit  fifty  dollars  for  each  violation  of  the  provisions  of 
this  section. 

Section  140.  If  one  railroad  corporation  occupies  or  uses, 
or  has  a  right  to  occupy,  enter  upon  and  use,  a  station,  railroad 
or  grounds  of  another,  or  any  portion  thereof,  the  board  of  rail- 
road commissioners,  upon  petition  of  either  party,  and  after 
notice  to  the  other,  and  a  hearing,  shall  determine  the  com- 
pensation to  be  paid  for  such  occupancy  and  use.  Its  award 
shall  be  binding  upon  the  parties  thereto  for  five  years,  and 
thereafter  until  it  is  revised  or  altered  by  said  board,  and  upon 
the  request  in  writing  of  a  party  affected  thereby,  filed  within 
thirty  days  after  the  rendering  thereof,  the  award  shall  be  filed 
in  the  supreme  judicial  court  which  shall  have  jurisdiction  to 
revise  the  same  as  if  the  award  had  been  made  by  a  commission 
appointed  by  said  court. 


Safety 
switches. 
1871,  24. 
1874,  372, 
§  118. 
P.S.  112, 
§  159. 
R.  L.  Ill, 
§  182. 


Blocked 
switches. 
1886,  120. 
1894,  41. 
R.  L.  Ill, 
§  183. 


Bridge  guards. 

1869,  308, 
§§  2,  3. 

1870,  276. 
1874,  226;  372, 
§  119. 

L881,  68. 

P.S.  112, 

§  160. 

R.  L.  Ill, 

§  184. 

175  Mass.  150. 


Switches,  Bridge  Guards,  etc. 

Section  141.  Every  switch  which  is  laid  in  a  railroad  track 
used  by  passenger  or  mixed  trains  shall  be  a  safety  switch  of  a 
type  approved  in  writing  by  the  board  of  railroad  commission- 
ers. For  each  switch  laid  in  violation  of  the  provisions  of  this 
section,  the  railroad  corporation  shall  forfeit  two  hundred  dol- 
lars, and  the  further  sum  of  five  dollars  for  each  day  such  switch 
is  maintained. 

Section  142.  The  frogs,  switches  and  guard  rails,  except 
guard  rails  on  bridges,  which  are  in  or  connected  with  the  rail- 
road tracks  operated  or  used  by  any  railroad  corporation  shall 
be  kept  so  blocked  by  some  method  approved  by  the  board  of 
railroad  commissioners  as  to  prevent  employees  from  being 
caught  therein.  A  railroad  corporation  which  violates  the  pro- 
visions of  this  section  shall  be  punished  by  a  fine  of  not  less 
than  ten  nor  more  than  one  hundred  dollars  for  each  offence. 

Section  143.  Every  railroad  corporation,  at  every  bridge  or 
other  structure,  any  portion  of  which  crosses  the  railroad  above 
the  track,  shall  erect  and  maintain,  in  a  manner  prescribed  by 
the  board  of  railroad  commissioners,  suitable  bridge  guards,  of 
a  type  approved  by  said  board.  A  corporation  which  neglects 
to  comply  with  the  provisions  of  this  section  shall  forfeit  fifty 
dollars  for  each  month's  neglect.     Whoever  wilfully  destroys  or 


SIGNALS,  ETC.,   AT    CROSSINGS.  75 

breaks  any  such  bridge  guard  shall  be  punished  by  a  fine  of  not 
more  than  one  hundred  dollars  or  by  imprisonment  for  not 
more  than  thirty  days.* 

Signals,  etc.,  at  Crossings. 

Section  144.     If  two  railroads  cross  each  other  at  the  same  stopping  of 
level,  the  engineer  of  every  freight  train  and,  if  both  railroads  crossing!*" 
are  used  for  passenger  traffic,  of  every  passenger  train,  upon  llii)  39? '126, 
approaching  such  crossing,  shall  stop  his  engine  within  five  him-  g^s.  63, 
dred  feet  therefrom,  and  shall  not  resume  his  course  until  sig-  fl;';1  ;!'; 
nailed  so  to  do,  when  he  shall  pass  slowly  over  the  crossing;  but  P/oV372, 
one  stop  shall  be  sufficient  for  all  such  crossings  within  six  him-  p.s.  112, 
dred  feet  of  each  other  upon  the  same  railroad.     Every  engineer  R.  l.'iii, 
who  fails  so  to  stop  his  engine  shall  forfeit  one  hundred  dollars 
for  each   offence ;   and  the  corporation   on   whose   railroad   the 
oifenee  is  committed  shall  forfeit  the  further  amount  of  three 
hundred  dollars. 

Section   145.      The  board   of  railroad  commissioners  shall  Board  may 

prcscn hp  mips 

make  general  regulations  for  all  such  crossings  or  special  regu-  forcrossii 
lations  for  such  particular  crossings  as  it  may  designate,  and  §122.''' 
in  such  detail  as  it  may  consider  expedient;  and  the  supreme  p.s. '112/ 
judicial  court  may  issue  any  processes  necessary  to  secure  the  r^l/iii", 
enforcement  of  such  regulations,  or,  upon  the  petition  of  said  §  186- 
board,  may  enjoin  the   running  of  trains  on  a  railroad  upon 
which  any  regulation  relative  to  such  crossing  is  not  exactly  ob- 
served.     The  approval   of  said  board  shall  be  required  for  a 
system  of  signals  to  be  established  and  maintained  in  concert 
by  corporations 'operating  railroads  which  cross  each  other;  but 
no  such  regulation  or  system  of  signals  shall  exempt  a  railroad 
upon  or  across  which  passenger  trains  are  run  from  the  require- 
ments of  the  preceding  section,  unless  a  system  of  interlocking 
or   automatic   signals,    approved   in   writing  by   said   board,    is 
adopted  by  both  corporations. 

Section   146.      The   board   of  railroad  commissioners   may,  interlocking 
on    the    application    of   a    railroad    corporation   whose    railroad  iss;il.s.r>. 
crosses  another  railroad  at  the  same  level,  after  notice  to  the  §  137. 
parties  and  a  hearing,   authorize  the  applicant  at  its  own  ex- 
pense,  to   establish    and    maintain   a   system  of   interlocking  or 
automatic  signals  at  any  crossing  of  said  railroads,  and  to  erect 
and  maintain  the  necessary  wires,  rods,  signal  posts  and  signals, 

*  Under  section  143  of  Part  II.,  Chapter  463  of  the  Acts  of  1906,  the  Board  prescribes  the 
following  regulations:  — 

1.  The  standard  forms  of  pendent  or  "  whip  cord  "  and  of  horizontal  liar  bridge-guards 
or  "telltales  "  now  in  common  use  on  the  leading  railroads  of  thin  Slate,  are  approved  by 
the  Board. 

2.  On  main  tracks  and  on  main-line  side  tracks,  the  guard  should  be  placed  not  less  than 
100  nor  more  than  200  feet  from  the  bridge  or  other  overhead  Structure, 

3.  In  yards  and  on  switching  tracks  the  guards  should  be  placed  not  less  than  .r>0  nor 
more  than  100  feet  from  the  bridge  or  other  overhead  structure. 

4.  The  distance  is  to  be  measured  in  all  cases  from  a  point  over  th» ntre  of  the  pro- 
tected track  in  the  near  side  of  the  bridge  or  structure,  In  the  direction  of  approach  by 
trains;  and  a  guard  is  to  be  maintained  on  one  or  on  both  sides  of  the  bridge  or  structure 
according  as  trains  are  run  on  the  track  in  one  or  in  both  directions. 

5.  Where  two  bridges  or  structures  are  not  more  than  200  feet  apart  in  the  clear,  only  one 
guard  between  them  is  required,  the  same  to  be  placed  mldwaj  between  the  two, 

6.  The  guard  should  be  erected  and  maintained  so  that  the  same,  or  the  lowest  part 
thereof,  will  bang  or  swing  about  three  inches  lower  than  the  lowest  part  of  the  bridge  or 
structure  which  it  is  designed  to  protect. 


7(3 


SIGNALS,  ETC.,   AT    CROSSINGS. 


Bell  to  be  rung 
or  whistle 
sounded. 
1835,  148,  §  4. 
R.  S.  39,  §  78. 
1859,  125,  §  3. 
G.  S.  63,  §  83. 
1862,81,  §  1. 
L874,  372, 
§  123. 
P.S.112,  §  163. 

1890,  173. 
R.  L.  Ill, 
§  188. 

2  Cush.  539. 
10  Cush.  562. 
!_'.".  Muss.  64. 
140  Mass.  239. 
153  Mass.  57, 
82. 

157  Mass.  340. 
159  Mass.  32. 
162  Mass.  135. 
170  Mass.  430. 
183  Mass.  393. 

Sounding  of 
whistles 
regulated. 
L885,  334. 

1891,  204. 
I;  L.  111. 
§  189. 

1907,  431,  §  3. 
[See  alter  Flirt 
II,  §  247.] 


in  such  manner  as  said  board  shall  prescribe.  Such  corporation, 
after  the  system  has  been  established  and  approved  in  writing 
by  said  board,  shall  be  exempt  as  to  such  crossing  from  the 
requirements  of  section  one  hundred  and  forty-four  so  long  as 
said  board  continues  its  approval.  Upon  payment  to  such 
corporation  by  the  corporation  owning  or  operating  the  other 
railroad  at  such  crossing  of  so  much  of  the  cost  of  establishing 
such  system  of  signals  as,  upon  petition  of  the  latter  corpora- 
tion and  a  hearing,  is  awarded  by  said  board,  both  railroad  cor- 
porations shall,  as  to  that  crossing,  be  exempted  from  the 
requirements  of  said  section.  Until  such  payment  the  latter 
corporation  shall  semi-annually  contribute  toward  the  expense 
of  operating  said  signals  an  amount  equal  to  the  cost  to  ii  of 
operating  the  signals  used  by  it  at  said  crossing  before  the 
establishment  of  the  signals  herein  provided  for.  After  the 
payment  of  such  award  the  expense  of  maintaining  and  oper- 
ating such  system  of  signals  shall  lie  borne  by  the  two  railroad 
corporations  according  to  the  proportions  fixed  by  the  award 
for  paying  the  original  cost  of  the  signals.  So  much  of  the 
award  as  relates  to  the  cost  of  maintaining  and  operating  said 
signals  may,  at  the  request  of  either  party,  be  revised  at  the 
expiration  of  five  years  from  the  original  award  or  from  any 
revision  thereof. 

Section  147.  Every  railroad  corporation  shall  cause  a  bell 
of  at  least  thirty-five  pounds  in  weight,  and  a  steam  whistle,  to 
be  placed  on  each  locomotive  engine  passing  upon  its  railroad; 
and  such  bell  shall  be  rung  or  at  least  three  separate  and  distinct 
blasts  of  such  whistle  sounded  at  the  distance  of  at  least  eighty 
rods  from  the  place  where  the  railroad  crosses  upon  the  same 
level  any  highway,  town  way  or  travelled  place  over  which  a 
signboard  is  required  to  be  maintained  as  provided  in  sections 
one  hundred  and  forty-nine  and  one  hundred  and  fifty ;  and 
such  bell  shall  be  rung  or  such  whistle  sounded  continuously  or 
alternately  until  the  engine  has  crossed  such  way  or  travelled 
place.  The  provisions  of  this  section  shall  not  affect  the  au- 
thority conferred  upon  the  board  of  railroad  commissioners  by 

the  provisions  of  the  following  Section.       186  Mass.  474.     187  Mass.  217. 

Section  148.  The  board  of  railroad  commissioners,  upon 
petition,  and  after  notice  to  the  railroad  corporation  and  a 
public  hearing,  may,  for  good  cause  shown,  recommend  to  such 
railroad  corporation  such  changes  as  it  considers  proper  in  the 
manner  of  making  up  and  shifting  freight  trains  or  freight  cars, 
and  to  the  sounding  of  whistles  on  locomotives,  and  it  may  by 
an  order  in  writing  forbid  or  regulate  the  sounding  of  whistles 
on  the  locomotives  of  such  corporation  at  any  specified  grade 
crossings  of  the  tracks  of  such  corporation  with  any  highway  or 
public  way.  The  corporation  which  is  subject  to  the  provisions 
of  such  order  shall  thereafter,  until  the  order  shall  have  been 
modified  or  annulled  by  said  board,  conform  in  all  respects  to 
the  terms  thereof. 


SIGNALS,  ETC.,   AT    CROSSINGS.  77 

Section  149.    Every  railroad  corporation  shall  cause  boards,  Signboards  at 
supported  by  posts  or  otherwise  at  such  height  as  to  be  easily  w^bT 
seen  by  travellers,  and  not  obstructing  travel,  containing  on  each  r.  |.' 39,  §  79.' 
side  in  capital  letters  at  least  nine  inches  long  the  following  in-  J^jJ;  y~^;  \  j'- 
scription,  —  Railroad   Crossing  —  Look  out   for  the  En-  ^8^;  || 
gine, —  to  be  placed  and  constantly  maintained   across   each  Jfl;^-.1,- 
highway  or  town  way  where  it  is  crossed  bv  the  railroad  at  the  §  124. 

.  "  1875    219 

same  level:  or  the  corporation  may  substitute  therefor  warning;  isrsies.' 
•  •    '  PS  119 

boards  on  each  side  of  the  crossing,  of  such  form,  size  and  de-  §i64. 

scription  as  the  board  of  railroad  commissioners  shall  approve,  f'190.111' 

153  Mass.  57.  162  Mass.  135. 

Section  150.     The  board  of  aldermen  of  a  city  or  the  select-  —at  crossings 

•  l   •    l  n     l       i  •  '     1  travelled 

men  of  a  town  m  which  a  travelled  place  is  crossed  bv  a  railroad  places,  when. 

,  ,-,.<....  ,-"-.,.  <•  i        i  1859,  12o,  §  2. 

at  the  same  level,  if  of  opinion  that  it  is  necessary  for  the  better  g.  s.  63.  §  85. 

security  of  the  public  that  boards  such  as  are  described  in  the  5125. 

preceding  section  should  be  maintained  at  such  travelled  place,  §  \%r>.  " 

may  in  writing  request  the  railroad  corporation  to  erect  and  §  ioi.111, 

maintain  them.     If  it  refuses  or  neglects  so  to  do,  they  may  uorMa'ss823S. 

apply  to  the  board  of  railroad  commissioners.     If  said  board,  J5^  ^Jass  ^t 

/•it  •  ii  •  n-1  i  •  •       1'0  Mass.  430. 

after  public  notice  and  a  hearing,  decides  that  such  erection  is 
necessary  for  the  better  security  of  the  public,  the  corporation 
shall  comply  with  such  decision. 

Section  151.     The  board  of  railroad  commissioners,  after  Gates,  etc 

...  .  .  -11  i'i        crossings. 

notice  to  a  railroad  corporation  wdiose  railroad  crosses  a  high-  1S35. 148 


at 


4,  6. 


way,  town  way  or  travelled  place  at  the  same  level,  and  a  hear-  r.  s'.  39,  §  so. 

ing,  may  direct  in  writing  that  gates  shall  be  erected  at  said  §§  1-3. 

crossing  across  said  wTay  or  place  and  that  an  agent  be  stationed  Hsl  40l 

thereat  to  open  and  close  such  gates  wdien  an  engine  or  train  cflf'tw5' 

passes,  or  that  a  flagman  be  stationed  at  the  crossing,  who  shall  ||gT  n';  °*~  5 

display  a  flag  when  an  engine  or  train  passes,  or  that  such  cross-  isoo.  239,  §  2. 

ing  shall  be  provided  with  such  an  electric  signal  as  said  board  £126. 

determines  the  better  security  of  human  life  or  the  convenience  1883,  117. 

of  the  public  travel  requires,  and  the  corporation  shall  comply  1:  1.:  in, 

WTith    Such   Order.  121  Mass.  127.  129  Mass.  364.  153  Mass.  167.  §  19l>- 

Section  152.     The  supreme  judicial  court  shall  have  juris-  Enforcement 

diction  in  equity  to  enforce  compliance  with  the  provisions  of  sections, 

the  three  preceding  sections,  and  a  railroad  corporation   which  r.  s.'39.  s  81." 

unreasonably  neglects  to  comply  with  an  order  or  decision  made  is64,i52Ts4. 

under  the  provisions  of  the  two  preceding  sections  shall   forfeit  ]s,''s':' '' 

not  more  than  one  thousand  dollars  for  every  such  neglect.  1875,219. 

P.  S.  112,  §§  164,  168.  R.  L.  Ill,  §  193. 

Section  153.     The  board  of  railroad  commissioners  may  re-  signals 

•  it  ,  •  i  'ii  1  •    1  at  ovei  head 

quire  a  railroad  corporation   whose  railroad  crosses  a   highway  ,,. 

by  a  crossing  above  the  level  of  the  highway  to  give  such  signal  r  l! liii 

as  said  board  may  designate  of  the  approach  of  trains  to  such  §  19r 
crossing.  Said  board  may  in  each  case  determine  the  nature  of 
the  signal  to  be  given,  and,  in  its  discretion,  may  require  an 
automatic  signal.  The  supreme  judicial  court  -hall  have  juris- 
diction  in  equity  to  compel  railroad  corporations  to  comply  with 
orders  made  by  said  board  under  the  provisions  of  this  section. 


78  SIGNALS,  ETC.,   AT    CROSSINGS. 

staSSngwood  Section  154.  If  the  view  of  a  railroad  crossing  or  highway 
ffifs-       a1  grade  is  obstructed  by  standing  wood  in  woodlands,  the  rail- 

MM111'  l'";"'   corporation  or  ten   citizens  of  a  town  may  petition   the 

county  commissioners  for  the  comity  in  which  such  crossing  is 
situated  for  the  removal  of  such  standing  wood;  and  the 
commissioners  after  notice  and  a  hearing,  shall  make  such 
orders  as  to  such  removal  as  the  public  safety  demands.  They 
shall  also  prescribe  the  limits  within  which  such  standing  wood 
shall  be  taken,  and  shall  determine  the  damage  sustained.  Such 
damage  and  the  expense  incident  thereto  shall  be  assessed  and 
collected  in  the  manner  provided  for  the  taking  of  land  by  rail- 
road corporations,  and  shall  he  paid  by  the  railroad  corporation. 
Either  party  who  is  aggrieved  by  the  decision  of  the  commis- 
sioners, may  appeal  therefrom  in  the  manner  provided  in  sec- 
tion eighty-seven. 

coronation  Section  155.    A  railroad  corporation,  or  receiver,  or  assignee 

for  obstructing  thereof,  or  its  or  his  servant  or  agent,  shall  not  wilfully  or  negli- 

highways,  etc.  ■*  .,     °         '  i  i  ■ 

'Vs   ■••7S;  Rs  gently  obstruct  or  unnecessarily  or  unreasonably  use  or  occupy 

1871,83.316."  a  highway,  town  way  or  street,  or  in  any  case  obstruct,  use  or 

;>  129.0''  occupv  it  with  cars  or  engines  for  more  than  five  minutes  at  one 

§  169.  '  time ;  and  if  a  highway,  town  way  or  street,  has  been  thus  used 

r.9l!  iii,'  or  occupied  with  cars  or  engines,  the  railroad  corporation,  or 

ii29Mass  412  receiver  or  assignee  thereof,  shall  not  again  use  or  occupy  it 

135  Mass.  550.  ^itli  the  ears  or  engines  of  a  freight  train,  until  a  sufficient 

156  Mass.  159.        .  i  i  i  •  i  l  l     e 

169  Mass.  403.  time,  not  less  than  three  minutes,  has  been  allowed  lor  the  pas- 
sage across  the  railroad  of  such  travellers  as  w7ere  ready  and 
waiting  to  cross  when  the  former  occupation  ceased.  A  rail- 
road corporation,  receiver,  or  assignee  thereof,  who  violates  the 
provisions  of  this  section,  shall  forfeit  one  hundred  dollars. 
waysPbyl°arsf  Section  156.  Upon  an  application  to  the  board  of  railroad 
lslwio'  commissioners,    according   to   the   provisions   of   section   ten  of 

fife111.  Part  I,  stating  that  a  crossing  of  a  railroad  with  a  highway, 

town  way  or  street  at  the  same  level  is  improperly  used  by  a 
railroad  corporation  with  its  freight  engines,  freight  cars  or 
freight  trains  to  the  unreasonable  inconvenience  or  danger  of 
the  public,  said  board,  after  notice,  shall  hear  the  parties;  and, 
if  public  convenience  or  safety  so  requires,  it  may  direct  that 
after  a  date  to  be  fixed  by  it  snch  railroad  corporation  shall  not 
use  such  crossing  or  any  part  thereof  for  making  up,  connecting 
or  disconnecting  freight  trains,  or  the  engines  or  cars  of  such 
trains,  or  for  the  purpose  of  distributing  freight  or  freight  cars ; 
and  to  prevent  the  same  may  prescribe  snch  changes  to  be  made 
in  the  construction  of  side  tracks,  branches  and  connections,  in 
proximity  to  such  crossings,  and  such  regulations  limiting  the 
use  of  such  crossings,  as  may  be  necessary.  Said  board  may  at 
any  time  modify  its  order  after  a  hearing  and  for  cause  shown. 
The  supreme  judicial  court  shall  have  jurisdiction  in  equity  on 
application  of  the  attorney-general  to  enforce  compliance  with 
such  order. 


EQUIPMENT    OF    ENGINES    AND    CARS.  79 


Equipment  of  Engines  and  Cars. 

Section    157.      A    railroad    corporation    which    is    subject  ®otiv^CpOTrer 
to  the  provisions  of  this  act   may  operate  its  railroad  by  rice-  i892.no. 
tricity.  I  i«- 

Section  158.     Everv  railroad  corporation  shall  cause  a  suffi-  Brakes  and 

"  L  .  ,    j,         brakemen. 

cient  brake  to  be  attached  to  every  car  used  upon  its  railroad  tor  J||7.22i 
the  transportation  of  passengers,  and  to  every  car  used  for  the  g.s.'63, 
transportation  of  freight,  except  four-wheel  cars  used  only  for  1869,426 
freight;  and  shall  cause  at  least  one  brakeman  for  every  two  §i730.3' 
cars  in  a  passenger  train  to  be  stationed  thereon,  and  one  brake-  f  ifo*12, 
man  for  the  last   car  of  every  freight   train   to  be   stationed  g^cib.111, 
thereon.    A  corporation  which  violates  the  provisions  of  this  sec- 
tion shall  forfeit  not  more  than  one  hundred,  dollars. 

Section  159.     A  railroad  corporation,  in  moving  traffic  be-  Safety  ap- 

i  '  c3  _         piiances  ti  ir 

tween  points  in  this  commonwealth,  shall  not  use  any  locomotive  freight  tauns. 
which  is  not  equipped  with  a  power  driving  wheel  brake  and  r.  l1  nil 
appliances  for  operating  the  train  brake  system  ;  nor  run  any 
train  in  such  traffic  unless  a  sufficient  number  of  cars  in  it  are 
so  equipped  with  power  or  train  brakes  that  its  speed  can  be 
controlled  by  the  engineer  of  the  locomotive  which  is  drawing 
such  train,  without  the  use  of  the  common  hand  brakes  by  the 
brakemen.  When  such  corporation  has  equipped  a  sufficient 
number  of  its  cars  with  such  power  or  train  brakes,  it  may  law- 
fully refuse  to  receive  from  connecting  lines  of  railroad  any  cars 
used  in  such  traffic  which  are  not  sufficiently  equipped  with 
such  power  or  train  brakes  as  will  work  and  readily  interchange 
with  the  brakes  in  use  on  its  own  cars. 

Section  160.     A  railroad  corporation  which  operates  a  rail-  couplers  on 
road   or   any   portion  thereof  within    this   commonwealth    shall   i^'1^™' 
cause  to  be  placed  upon  both  ends  of  every  freight  car  owned  f-^fe111, 
by  it  and  which  it  may  lawfully  use  such  automatic  or  other 
safety  coupler  as  the  board  of  railroad  commissioners,  after  an 
examination  and  test,  may  prescribe,  and  said  board  may  annul 
any  such  requirement  made  by  it.     The  supreme  judicial  court, 
upon  the  application  of  the  attorney-general,  may  enforce  the 
provisions  of  this  section. 

Section  161.     A  railroad  corporation,  in  moving  traffic  be-  Automatic 

.  in  l         i  couplers  tor 

tween    points  in  this  commonwealth,  shall  not  haul  or  use,  or  freighters. 

•  .11-11  1  •,  T  1     •      1  •  L       ISO.).   ••>')-.    *     - 

permit  to  be  hauled  or  used,  on  its  lines  any  car  which  is  not  ki.  in. 
equipped  with  couplers  coupling  automatically  by  impact,  and   182  Ma 
uncoupling  otherwise  than  by  going  between  the  cars. 

Section  162.  A  railroad  corporation,  in  moving  traffic  be-  Grab  irons, 
tween  points  in  this  commonwealth,  until  otherwise  ordered  by  r.l!iii! 
the  board  of  railroad  commissioners,  shall  not  use  any  car, 
except  flat  cars  equipped  with  automatic  couplers,  which  is  not 
provided  with  secure  grab  irons  or  hand  holds  on  the  ends  and 
sides  for  greater  security  to  men  in  coupling  and  uncoupling 
cars. 

Section  163.     The  standard  height  of  drawbars  for  freighl  gg^ 
cars,  measured  perpendicularly  from  the  level  of  the  top  of  the  jjgjJfSJj™ 


80 


EQUIPMENT    OF    ENGINES    AND    CARS. 


1895,  362,  §  4. 
R.  L.  Ill, 
J  205. 


Penalty. 
1895,  362,  §  5. 
R.  L.  Ill, 
§  206. 


Limitation  of 
preceding 
sections. 
1895,  362,  §  5. 
R.  L.  Ill, 
§  207. 

Extension  of 
time  for 
equipment. 
1895,  362,  §  6. 
R.  L.  Ill, 
§  208. 


Assumption 
of  risk  by 
employee 
restricted. 
1895,  362,  §  7. 
R.  L.  Ill, 
§  209. 
188  Mass.  390. 


rails  to  the  centres  of  the  drawbars,  shall  be  thirty-four  and  one 
half  inches  for  standard  gauge  railroads  and  twenty-six  inches 
for  narrow  gauge  railroads,  with  a  maximum  variation  from 
such  standard  height,  in  either  case,  of  three  inches  between  the 
drawbars  of  empty  and  loaded  cars;  and  no  freight  car  with 
drawbars  which  do  not  comply  with  the  above  standard,  whether 
loaded  or  unloaded,  shall  be  used  in  moving  traffic  between  points 
in  this  commonwealth. 

Section  164.  A  railroad  corporation  which  violates  any  of 
the  provisions  of  sections  one  hundred  and  fifty-nine,  one  hun- 
dred and  sixty-one,  one  hundred  and  sixty-two  and  one  hundred 
and  sixty-three,  shall,  for  each  offence,  forfeit  one  hundred  dol- 
lars, which  shall  be  recovered  in  an  action  of  tort  to  the  use  of 
the  commonwealth  by  the  attorney-general  or  the  district  attor- 
ney for  the  district  in  which  such  offence  was  committed. 

Section  165.  The  provisions  of  sections  one  hundred  and 
fifty-nine  and  one  hundred  and  sixty-one  to  one  hundred  and 
sixty-four,  inclusive,  shall  not  apply  to  trains  composed  of  four- 
wiieel  cars,  or  to  locomotives  used  in  hauling  such  trains. 

Section  166.  The  board  of  railroad  commissioners  may 
from  time  to  time,  after  hearing  and  for  good  cause,  exempt, 
until  a  date  fixed  by  it,  any  railroad  corporation  from  the  re- 
quirements of  sections  one  hundred  and  fifty-nine,  one  hundred 
and  sixty-one,  one  hundred  and  sixty-two  and  one  hundred  and 
sixty-three. 

Section  167.  An  employee  of  a  railroad  corporation  who  is 
injured  by  any  locomotive,  car  or  train  which  is  used  contrary 
to  the  provisions  of  sections  one  hundred  and  fifty-nine,  one 
hundred  and  sixty-one,  one  hundred  and  sixty-two  and  one  hun- 
dred and  sixty-three,  shall  not  be  deemed  to  have  assumed  the 
risk  of  such  injury,  although  he  continues  in  the  employment 
of  such  corporation  after  the  unlawful  use  of  such  locomotive, 
car  or  train  has  been  brought  to  his  knowledge. 


Liability  of 
employer  to 
employee. 
1887,  270,  §  1. 


Defects. 

147  Mass.  573. 

150  Mass.  190. 

154  Mass.  29. 

1.-,:.  Ma-,  l'1. 

156  Mass.  131, 

298. 

158  Mass.  318. 

IT,!.  Mass.  1. 

160  Mass.  131, 

248,  260. 


Negligence  of 
superintend- 
ent. 

155  Mass.  584. 

156  Mass.  131, 
293,  342,  368. 


FROM  THE    "EMPLOYER'S    LIABILITY"  LAW. 

Revised  Laws,  Chapter  106,  §§  71-70. 

Section  71.    If  personal  injury  is  caused  to  an  employee,  who,  at  the 
time  of  the  injury,  is  in  the  exercise  of  clue  care,  by  reason  of : 


1892,  260,  §  l. 

1893,  359. 

1894,  499. 


1897,  491. 

150  Mass.  190. 

151  Mass.  92. 


154  Mass.  31. 
158  Mass.  135. 
160  Mass.  201. 


161  Mass.  368. 
164  Mass.  16S 
166  Mass.  268. 


First.  A  defect  in  the  condition  of  the  ways,  works  or  machinery  con- 
nected with  or  used  in  the  business  of  the  employer,  which  arose  from,  or 
had  not  been  discovered  or  remedied  in  consequence  of,  the  negligence  of 
the  employer  or  of  a  person  in  his  service  who  had  been  entrusted  by 
him  with  the  duty  of  seeing  that  the  ways,  works  or  machinery  were  in 

proper  condition;  or,       162  Mass.  198,  312.     163  Mass.  221,  365.     164  Mass.  523. 


165  Mass.  202,  443. 

167  Mass.  588,  590. 

168  Mass.  41,  226,  268. 


169  Mass.  541,  574. 
171  Mass.  417. 
174  Mass.  320. 


175  Mass.  183. 
180  Mass.  454,  490. 
182  Mass.  84,  237. 


184  Mass.  S9. 

185  Mass.  139. 
187  Mass.  21. 


Second,  The  negligence  of  a  person  in  the  service  of  the  employer  who 
was  entrusted  with  and  was  exercising  superintendence  and  whose  sole 
or  principal  duty  was  that  of  superintendence,  or,  in  the  absence  of 


806 


[See  page  80,  §  167.] 
1908. 
Chapter  553. 
An  Act  to  limit  the  Assumption  of  Risk  by  an  Employee  of  a  Railroad  Corpora- 
tion. 

Section  1.     Section  one  hundred  and  sixty-seven  of  Part  II  of  chap-  1906,  463, 
ter  four  hundred  and  sixty-three  of  the  acts  of  the  year  nineteen  hun-  amended, 
dred   and   six  is   hereby  amended  by   adding   at   the   end   thereof   the 
words:  —  An   employee  of   a  railroad  corporation  who   is  injured  by 
any  locomotive,  car  or  train  by  reason  of  the  negligence  of  any  other 
employee  of  the  corporation  shall  not  be  deemed  to  have  assumed  the 
risk  of  such  injury,  —  so  as  to  read  as  follows :  —  Section  167.     An  Employee 
employee  of  a  railroad  corporation  who  is  injured  by  any  locomotive,  n^gii|ence  of 
car  or  train  which  is  used  contrary  to  the  provisions  of  sections  one  another,  etc. 
hundred  and  fifty-nine,  one  hundred  and  sixty-one,  one  hundred  and 
sixty-two  and  one  hundred  and  sixty-three,  shall  not  be  deemed  to  have 
assumed  the  risk  of  such  injury,  although  he  continues  in  the  employ- 
ment of  such  corporation  after  the  unlawful  use  of  such  locomotive, 
car  or  train  has  been  brought  to  his  knowledge.     An  employee  of  a  rail- 
road corporation  who  is  injured  by  any  locomotive,   car  or  train  by 
reason  of  the  negligence  of  any  other  employee  of  the  corporation  shall 
not  be  deemed  to  have  assumed  the  risk  of  such  injury. 

Section  2.    This  act  shall  take  effect  upon  its  passage.     [Approved 
May  28,  1908. 


80c 


R.  L.  106, 

amended. 


Employees 
on  elevated 
railways,  etc. 


[See  page  80,  §  71.] 

190S. 

Chapter  420. 

An  Act  relative  to  the  Liability  of  Railway  Companies  for  Injuries  to  Employees. 

Section  1.  Section  seventy-one  of  chapter  one  hundred  and  six  of 
the  Revised  Laws  is  hereby  amended  by  inserting  after  the  word  "  en- 
gine ",  in  the  fifteenth  line,  the  words :  —  elevated  train,  —  by  inserting 
after  the  word  "railroad"  in  the  sixteenth  line,  the  words: — or  ele- 
vated railway,  —  by  inserting  after  the  word  "  corporation  ",  in  the 
twenty-third  line,  the  words:  —  or  an  elevated  car  which  is  in  use  by 
or  which  is  in  possession  of  an  elevated  railway  corporation,  —  by  in- 
serting after  the  word  "  engine  ",  in  the  thirty-first  line,  the  words :  — 
elevated  train,  —  and  by  inserting  after  the  word  "  engine ",  in  the 
thirty-second  line,  the  words:  —  elevated  train,  —  so  as  to  read  as  fol- 
lows:—  Section  71.  If  personal  injury  is  caused  to  an  employee,  who, 
at  the  time  of  the  injury,  is  in  the  exercise  of  due  care,  by  reason  of: 

First,  A  defect  in  the  condition  of  the  ways,  works  or  machinery  con- 
nected with  or  used  in  the  business  of  the  employer,  which  arose  from, 
or  had  not  been  discovered  or  remedied  in  consequence  of,  the  negli- 
gence of  the  employer  or  of  a  person  in  his  service  who  had  been  en- 
trusted by  him  with  the  duty  of  seeing  that  the  ways,  works  or 
machinery  were  in  proper  condition ;  or, 

Second,  The  negligence  of  a  person  in  the  service  of  the  employer 
who  was  entrusted  with  and  was  exercising  superintendence  and  whose 
sole  or  principal  duty  was  that  of  superintendence,  or,  in  the  absence 
of  such  superintendent,  of  a  person  acting  as  superintendent  with  the 
authority  or  consent  of  such  employer;  or, 

Third,  The  negligence  of  a  person  in  the  service  of  the  employer  who 
was  in  charge  or  control  of  a  signal,  switch,  locomotive  engine,  elevated 
train  or  ti'ain  upon  a  railroad  or  elevated  railway;  the  employee,  or 
his  legal  representatives,  shall,  subject  to  the  provisions  of  the  eight 
following  sections,  have  the  same  rights  to  compensation  and  of  action 
against  the  employer  as  if  he  had  not  been  an  employee,  nor  in  the 
service,  nor  engaged  in  the  work,  of  the  employer. 

A  car  which  is  in  use  by,  or  which  is  in  possession  of,  a  railroad  cor- 
poration, or  an  elevated  car  which  is  in  use  by  or  which  is  in  possession 
of  an  elevated  railway  corporation,  shall  be  considered  as  a  part  of 
the  ways,  works  or  machinery  of  the  corporation  which  uses  or  has 
it  in  possession,  within  the  meaning  of  clause  one  of  this  section, 
whether  it  is  owned  by  such  corporation  or  by  some  other  company  or 
person.  One  or  more  cars  which  are  in  motion,  whether  attached  to 
an  engine  or  not,  shall  constitute  a  train  within  the  meaning  of  clause 
three  of  this  section,  and  whoever,  as  a  part  of  his  duty  for  the  time 
being,  physically  controls  or  directs  the  movements  of  a  signal,  switch, 
locomotive  engine,  elevated  train  or  train  shall  be  deemed  to  be  a  per- 
son in  charge  or  control  of  a  signal,  switch,  locomotive  engine,  elevated 
train  or  train  within  the  meaning  of  said  clause. 

Section  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
April  21,  1908. 


SOd 


[See  page  80,  §  71.] 
1909. 
Chapter  363. 
An  Act  relative  to  the  Rights  of  Action  of  Employees  Against  Employers. 
Section  1.    If  a  defect  in  the  ways,  works  or  machinery  of  a  person,  Rights  of 
partnership  or  corporation  has  been  reported  to  the  person  whose  duty  g^lcj"  °fe 
it  is  to  remedy  said  defect,  or  cause  it  to  be  remedied,  or  to  repori  its  against 
existence,   and  such   defect  is  not  remedied  within  a  reasonable  time, 
and  by  reason  of  said  defect  an  employee  is  injured,  such  emploj^ees 
shall  not  be  held  to  have  assumed  the  risk  of  such  injury. 

Section  2.     This  act  shall  take  effect  on  the  first  day  of  January  in 
the  year  nineteen  hundred  and  ten.     [Approved  May  7 ,  1909. 


81a 


[See  page  81,  §  73.] 
1908. 
Chapter  457. 
An  Act  relative  to  the  Bringing  of  Actions  under  the  Employers'  Liability  Law. 
R.L  106,  §73,       Section  1.     Section  seventy-three  of  chapter  one  hundred  and  six 
of  the  Kevised  Laws  is  hereby  amended  by  adding  at  the  end  thereof 
the  words :  —  If  an  action  is  brought  under  the  provisions  of  this  sec- 
tion by  the  widow  of  the  employee,  or  by  the  next  of  kin,  who  may 
have  such  right  of  action,  or  if  the  action  is  brought  under  the  provi- 
sions of  section  seventy-one  by  the  legal  representatives,  such  action 
shall  not  fail  by  reason  of  the  fact  that  it  should  have  been  brought 
under  the  other  section,  but  may  be  amended  so  as  to  provide  against 
such  failure  at  any  time  prior  to  final  judgment,  —  so  as  to  read  as 
Amendments      follows:  —  Section  73.     If,  as  the  result  of  the  negligence  of  an  em- 

to  action  to  .  . 

provide  against  plover  himselt,  or  or  a  person  tor  whose  negligence  an  employer  is 
liable  under  the  provisions  of  section  seventy-one,  an  employee  is 
instantly  killed,  or  dies  without  conscious  suffering,  his  widow  or,  if 
he  leaves  no  widow,  his  next  of  kin,  who,  at  the  time  of  his  death,  were 
dependent  upon  his  wages  for  support,  shall  have  a  right  of  action  for 
damages  against  the  employer.  If  an  action  is  brought  under  the  pro- 
visions of  this  section  by  the  widow  of  the  employee,  or  by  the  next 
of  kin,  who  may  have  such  right  of  action,  or  if  the  action  is  brought 
under  the  provisions  of  section  seventy-one  by  the  legal  representatives, 
such  action  shall  not  fail  by  reason  of  the  fact  that  it  should  have  been 
brought  under  the  other  section,  but  may  be  amended  so  as  to  provide 
against  such  failure  at  any  time  prior  to  final  judgment. 

Section  2.    This  act  shall  take  effect  upon  its  passage.     [Approved 
April  28,  190S. 


EQUIPMENT  OF  ENGINES  AND  CARS.  81 

such   superintendent,   of   a   person   acting-   as   superintendent   with   the   158  Mass.  174, 
authority  or  consent  of  such  employer;  or,  159  Mass.  532. 

160  Mass.  131,  457,  573.  164  Mass.  387.  170  Mass.  298.  174  Mass.  455. 

161  Mass.  170.  165  Mass.  202,  436,  443.  171  Mass.  162,  395.  177  Mass.  176. 

162  Mass.  185.  167  Mass.  588.  172  Mass.  555.  189  Mass.  62. 

163  Mass.  216,  365.  169  Mass.  485.  173  Mass.  400. 

Third,   The  negligence  of  a  person  in  the  service  of  the  employer  Negligent  con- 

who  was  in  charge  or  control  of  a  signal,  switch,  locomotive  engine  or  *™  °  s" 

train  upon  a  railroad;  the  employee,  or  his  legal  representatives,  shall,  i«?i  Mass.  245. 

subject  to  the  provisions  of  the  eight  following  sections,  have  the  same  356. 

rights  to  compensation  and  of  action  against   the  employer  as  if  he  262.' 

had  not  been  an  employee,  nor  in  the  service,  nor  engaged  in  the  work,  J|9  Mass!'  ^96 

of  the  employer.  523. 

.  i  •    i      ■  u  l  •    l      ■       ■  t  -l         A     166  Mass.  268. 

A  car  which  is  m  use  by,  or  which  is  m  possession  of,  a  railroad  169  Mass.  170. 
corporation  shall  be  considered  as  a  part  of  the  ways,  works  or  ma-  *7^  u^l'.  393; 
chinery  of  the  corporation  which  uses  or  has  it  in  possession,  within 
the  meaning  of  clause  one  of  this  section,  whether  it  is  owned  by 
such  corporation  or  by  some  other  company  or  person.  One  or  more 
cars  which  are  in  motion,  whether  attached  to  an  engine  or  not,  shall 
constitute  a  train  within  the  meaning  of  clause  three  of  this  section, 
and  whoever,  as  a  part  of  his  duty  for  the  time  being,  physically  con- 
trols or  directs  the  movements  of  a  signal,  switch,  locomotive  engine 
or  train  shall  be  deemed  to  be  a  person  in  charge  or  control  of  a  signal, 
switch,  locomotive  engine  or  train  within  the  meaning  of  said  clause. 

Section  72.     If  the  injury  described  in  the  preceding  section  results   Action  if  in- 
in  the  death  of  the  employee,  and  such  death  is  not  instantaneous  or  is  bTdeathnot 
preceded  by  conscious  suffering,  and  if  there  is  any  person  who  would   insjantune°ih 
have  been  entitled  to  bring  an  action  under  the  provisions  of  the  follow-  conscious 
ing  section,   the   legal   representatives   of   said   employee   may,    in   the  "Isg^'Sfo,  §  1. 
action  brought  under  the  provisions  of  the  preceding  section,  recover   }|S?'  |jjjj- 
damages  for  the  death  in  addition  to  those  for  the  injury.  151  Mass.  245. 

160  Mass.  39.  185  Mass.  139. 

Section  73.    If,  as  the  result  of  the  negligence  of  an  employer  him-   —if  followed 
self,  or  of  a  person  for  whose  negligence  an  employer  is  liable  under  0uV  death  or*" 
the  provisions  of  section  seventy-one,  an  employee  is  instantly  killed,   death  without 

...  .  />/■  •/>  "  conscious 

or  dies  without  conscious  suffering,  his  widow,  or,  if  he  leaves  no  widow,   suffering. 
his  next  of  kin,  who,  at  the  time  of  his  death,  were  dependent  upon   151  Mass.' 245! 
his  wages  for  support,  shall  have  a  right  of  action  for  damages  against     [•_;;:  ^J;|"  ^. 

the  employer.  167  Mass.  590.  175  Mass.  502.  164  Mass.  555. 

176  Mass.  266,  393.  180  Mass.  265,  490.  188  Mass.  188. 

Section  74.    If,  under  the  provisions  of  either  of  the  two  preceding  Dam 

sections,  damages  are  awarded   for  the   death,   they  shall   be   assessed  1892;  ->6o'. 

with  reference  to  the  degree  of  culpability  of  the  employer  or  of  the  J *;[•>•  :{;'j;[ 

person  for  whose  negligence  the  employer  is  liable.  L900J  446. 

178  Mass.  59.  182  Mass.  84,  237.  184  Mass.  89. 

The  amount  of  damages  which  may  be  awarded  in  an  action  under 
the  provisions  of  section  seventy-one  for  a  personal  injury  to  an  em- 
ployee, in  which  no  damages  for  his  death  are  awarded  under  the 
provisions  of  section  seventy-two,  shall  not  exceed  four  thousand  dollars. 

The  amount  of  damages  which  may  be  awarded  in  such  action,  if 
damages  for  his  death  are  awarded  under  the  provisions  Of  section 
seventy-two,  shall  not  exceed  live  thousand  dollars  for  both  the  injury 
and  the  death,  and  shall  lie  apportioned  by  the  jury  between  the  legal 
representatives  of  the  employee  and  the  persons  who  would  have  been 
entitled,  under  the  provisions  of  section  seventy-three,  to  bring  an  action 
for  his  death  if  it  had  been  instantaneous  or  without  conscious  suf- 
etmg. 


82 


EQUIPMENT    OF    ENGINES    AND    CARS. 


Notice. 

1SS7,  L'70,  §  3. 
1SSS,  155,  §   1. 
L892,  260,  j  2. 
L894,  389. 
1900.  446. 
I. Mi  Mass.  190. 
151  Mass.  245. 
153  Mass.  29. 
356,  380,  468. 
L55  Mass.  1. 

156  Mass.  262. 

157  Mass.  51. 
160  Mass.  143, 
201.  250. 

162  Mass.  334. 

163  Mass.  105. 
166  Mass.  268. 
170  Mass.  348. 
17-'  Mass.  415. 
173  Mas-  177. 
175  Mass.  391. 


Liability  of 
employer  to 
employee  of  a 
contractor  or 
sub-contractor, 
1887,  270,  §  4. 
158  Mass.  233. 


Employer  not 
liable,  when. 
1887,  270,  §  5. 
156  Mass.  368. 


Evidence  in 
reduction  of 
damages. 
1887,  270,  §  6. 


Domestic 
servants,  etc. 
L887,  -'70.  §  7. 


The  amount  of  damages  which  may  be  awarded  in  an  action  brought 
under  the  provisions  of  section  seventy-three  shall  not  be  less  than  five 
hundred  nor  more  than  five  thousand  dollars. 

Section  75.  No  action  for  the  recovery  of  damages  for  injury  or 
death  under  the  provisions  of  sections  seventy-one  to  seventy-four,  in- 
clusive, shall  be  maintained  unless  notice  of  the  time,  place  and  cause 
of  the  injury  is  given  to  the  employer  within  sixty  days,  and  the  action 
is  commenced  within  one  year,  after  the  accident  which  causes  the 
injury  or  death.  Such  notice  shall  be  in  writing,  signed  by  the  person 
injured  or  by  a  person  in  his  behalf;  but  if  from  physical  or  mental 
incapacity  it  is  impossible  for  the  person  injured  to  give  the  notice 
within  the  time  provided  in  this  section,  he  may  give  it  within  ten 
days  after  such  incapacity  has  been  removed,  and  if  he  dies  without 
having  given  the  notice  and  without  having  been  for  ten  days  at  any 
time  after  his  injury  of  sufficient  capacity  to  give  it,  his  executor  or 
administrator  may  give  such  notice  within  sixty  days  after  his  appoint- 
ment. A  notice  given  under  the  provisions  of  this  section  shall  not  be 
held  invalid  or  insufficient  solely  by  reason  of  an  inaccuracy  in  stating 
the  time,  place  or  cause  of  the  injury,  if  it  is  shown  that  there  was 
no  intention  to  mislead,  and  that  the  employer  was  not  in  fact  misled 
thereby.  The  provisions  of  section  twenty-two  of  chapter  fifty-one 
shall  apply  to  notices  under  the  provisions  of  this  section. 

Section  76.  If  an  employer  enters  into  a  contract,  written  or  verbal, 
with  an  independent  contractor  to  do  part  of  such  employer's  work, 
or  if  such  contractor  enters  into  a  contract  with  a  sub-contractor  to 
do  all  or  any  part  of  the  work  comprised  in  such  contractor's  contract 
with  the  employer,  such  contract  or  sub-contract  shall  not  bar  the 
liability  of  the  employer  for  injuries  to  the  employees  of  such  con- 
tractor or  sub-contractor,  caused  by  any  defect  in  the  condition  of  the 
ways,  works,  machinery  or  plant,  if  they  are  the  property  of  the 
employer  or  are  furnished  by  him  and  if  such  defect  arose,  or  had 
not  been  discovered  or  remedied,  through  the  negligence  of  the  em- 
ployer or  of  some  person  entrusted  by  him  with  the  duty  of  seeing 
that  they  were  in  proper  condition. 

Section  77.  An  employee  or  his  legal  representative  shall  not  be 
entitled  under  the  provisions  of  sections  seventy-one  to  seventy-four, 
inclusive,  to  any  right  of  action  for  damages  against  his  employer  if 
such  employee  knew  of  the  defect  or  negligence  which  caused  the 
injury,  and  failed  within  a  reasonable  time  to  give,  or  cause  to  be 
given,  information  thereof  to  the  employer,  or  to  some  person  superior 
to  himself  in  the  service  of  the  employer  who  was  entrusted  with 
general  superintendence. 

Section  78.  An  employer  who  shall  have  contributed  to  an  insurance 
fund  created  and  maintained  for  the  mutual  purpose  of  indemnifying 
an  employee  for  personal  injuries  for  which  compensation  may  be 
recovered  under  the  provisions  of  sections  seventy-one  to  seventy-four, 
inclusive,  or  to  any  relief  society  formed  under  the  provisions  of 
sections  seventeen,  eighteen  and  nineteen  of  chapter  one  hundred  and 
twenty-five,  may  prove  in  mitigation  of  the  damages  recoverable  by  an 
employee  under  the  provisions  of  said  sections,  such  proportion  of  the 
pecuniary  benefit  which  has  been  received  by  such  employee  from  any 
such  fund  or  society  on  account  of  such  contribution  of  said  employer, 
as  the  contribution  of  such  employer  to  such  fund  or  society  bears  to 
the  whole  contribution  thereto. 

Section  79.  The  provisions  of  the  eight  preceding  sections  shall  not 
apply  to  injuries  caused  to  domestic  servants  or  farm  laborers  by  fellow 
employees. 


83a 


1906,  463, 
part  II, 
amended. 


Testing  of 
locomotive 
boilers. 


[See  pages  83,  §  173,  and  116,  §  251.] 
1909. 
Chapter  348. 
An  Act  relative  to  the  Testing  of  Boilers  of  Locomotives. 
Chapter  four  hundred  and  sixty-three  of  the  acts  of  the  year  nine- 
teen hundred  and  six  is  hereby  amended  by  striking  out  section  one 
hundred  and  seventy-three  of  Part  II  and  inserting  in  place  thereof 
the  following :  —  Section  173.  The  board  of  railroad  commissioners 
may  make  and  revise  regulations  for  testing  boilers  of  locomotives  used 
by  railroad  corporations,  by  other  corporations,  and  by  persons,  firms 
or  associations  upon  any  railroad  or  railway  within  the  commonwealth, 
and  every  person,  firm,  association  and  corporation  other  than  a  rail- 
road corporation  so  using  a  locomotive  shall  inform  said  board  in 
writing  on  or  before  June  thirtieth  of  each  year  of  the  number  of 
locomotives  so  used  by  him  or  it,  together  with  the  length  of  track  of 
such  railroad  or  railway,  its  location  and  uses,  and  such  other  infor- 
See  section  251.  mation  as  the  board  may  require.  The  provisions  of  this  section  shall 
apply  to  railroads  for  private  use  authorized  by  section  two  hundred 
and  fifty-one  of  Part  II  of  this  act.  Tests  under  regulations  made  as 
aforesaid  shall,  if  possible,  be  made  by  the  master  mechanic  of  the 
corporation,  association,  person  or  firm  which  constructs,  repairs  or 
uses  the  boiler  of  the  locomotive,  and  the  report  of  such  tests  shall  be 
in  form  satisfactory  to  the  board.  A  corporation,  association,  firm 
or  person  using  a  locomotive  in  this  commonwealth  the  boiler  of  which 
has  not  been  tested  in  accordance  with  the  provisions  of  this  section 
shall  be  punished  by  a  fine  of  twenty  dollars  for  every  day  after  notice 
by  the  board  during  which  such  use  continues.  [Approved  May  3, 
1909. 


EQUIPMENT  OF  ENGINES  AM)  CARS.  83 

Section  1G8.     Every  railroad  corporation  shall  equip  each  Tools  to  be 

,..  .  ,.  .  ...-..,  i  earned  with 

oi  its  trams,  for  use  m  case  ot  accident,  with  two  car  replacers,  ^a_ins„,. 
two  jack  screws,  two  crowbars,  one  pinch  bar,  one  claw  bar,  I87i;7. 
one  spike  hammer,  two  sharp  axes,  and  ropes  or  chains  suitable  j  131. 
for  hauling  cars;  and  shall  also  equip  each  car  of  every  passen-  j'm, 
ger  train  which  is  owned  or  regularly  used  by  it,  including  mail  rVlIiiI,  1". 
and  baggage  cars,  with  two  sets  of, tools,  consisting  of  an  axe,  5  ~10- 
a  sledge  hammer,  a  crowbar,  handsaw  and  pail,  which  shall  be 
maintained  in  good  condition,   and  one  set  of  which  shall  be 
kept  upon  the  inside  and  the  other  upon  the  outside  of  every 
such  car,  in  a  convenient  place  and  in  a  manner  approved  by 
the  board  of  railroad  commissioners ;  but  one  set  shall  be  suffi- 
cient if  so  placed  as  to  be  accessible  both  from  the  inside  and 
outside  of  such  car.     A  corporation  which  violates  the  provi- 
sions of  this  section  shall  forfeit  five  hundred  dollars. 

Section  169.     Every  passenger,  baggage,  mail  and  express  Safeguards 
car,  wThich  is  owned  or  regularly  used  on  any  railroad  in  this  lfs^l/.'I'ii. 
commonwealth,  shall  be  provided  with  such  safeguards  against  |2ii.ni' 
fire  as  the  board  of  railroad  commissioners  in  writing  shall  *ee  1906, 283- 
order.     A  corporation  which  violates  the  provisions  of  this  sec- 
tion shall  forfeit  three  hundred  dollars  for  each  offence. 

Section  170.     A  passenger,  mail  or  baggage  car  in  this  com-  Heating  of 
monwealth  shall  not  be  heated  by  a  stove  or  furnace  which  is  lisr!  362 '"' 
kept  inside  the  car  or  suspended  therefrom  unless  it  is  tern-  r.  l!  hi," 
porarily  necessary  by  reason  of  an  accident  or  other  emergency,  §  212- 
and  no  method  of  heating  such  cars  nor  heater  shall  be  used 
until  it  shall  have  been  approved  in  writing  by  the  board  of 
railroad  commissioners ;  but  said  board  may  from  time  to  time 
grant  such  exemptions  from  the  requirements  of  this  section  as 
may  seem  to  it  necessary  or  reasonable,  and  may  grant  permis- 
sion to  any  railroad  corporation  to  make  such  experiments  in 
heating  its  passenger  cars  as  said  board  determines  is  proper. 
A  corporation  which  violates  the  provisions  of  this  section  shall 
forfeit  not  more  than  five  hundred  dollars. 

Section  171.     A  passenger  car  on  a  railroad  shall   not   be  Passenger  cars 

'  not  to  1)0 

lighted  by  naphtha,  nor  by  an  illuminating  oil  or  iluid  made  in  lighted  bj 
part  of  naphtha  or  which  will  ignite  at  a  temperature  of  less  1868,286. 
than  three  hundred  degrees  Fahrenheit.  A  corporation  which  l'sfT!  :1t_'; 
violates  the  provisions  of  this  section  shall  forfeit  not  more  than  p.J.  112, 
five  hundred  dollars.  R.  L.  in,  §  213.  §  172- 

Section  172.     Every  passenger,  baggage  mail  and  express  Platform 
car,  which  is  owned  or  regularly  used  on  any  railroad   in   this  1900/223. 
commonwealth  shall  be  provided  at  each  end  thereof  with   plat-  §214. 
form  gates  of  a  pattern  approved  by  the  board  of  railroad  com 
missioners.      A    railroad   corporation    which    hauls   or   uses   or 
permits  to  be  hauled  or  used  on  its  railroad  any  car  in  \  iolation 
of  the  provisions  of  this  section  shall,  for  each  offence,  forfeit 
one  hundred  dollars  to  the  use  of  the  commonwealth,  and   the 
attorney-general  or  the  district  attorney  for  the  district  in  which 
such  violation  occurred  shall  bring  an  action  therefor. 

Section   173.      The  board   of   railroad    commissioners   may  Testingof 

,  ,.  ,.  ,,  'ii      -i  f    1  '      ""•••motive 

make  and  revise  regulations  lor  testing  the   boilers  oi  locomo-  boilers. 


84: 


EQUIPMENT    (>F    ENGINES    AND    CARS. 


1882,  73. 
R.  L.  Ill, 
§  218. 


Mufflers  with 
vacuum 
brakes. 
1879,  284, 
§§  1,3. 
P.  S.  112, 
§§  173.  174. 
R.  L.  Ill, 
§  215. 


—  with  safety 

valves. 

1879,  284,  §  2. 

P.  S.  112, 

§  175. 

R.  L.  Ill, 

§  216. 


Penalties. 
1879,  284,  §  4. 
P.  S.  112, 
§  176. 
R.  L.  Ill, 
§  217. 


Reasonable  ac- 
commodations. 
1849,  191,  §  2. 
G.  S.  63,  §  110. 
1874.  372, 
§  133. 


Uniform  caps 
and  badges  for 
employees. 
1S7  1.  292;  372, 
§  134. 
1876,  33. 
P.  S.  112, 
§  178. 
R.  L.  Ill, 
§  220. 


tives,  and  shall  communicate  such  revision  to  every  person  or 
corporation  which  operates  ;i  rail  mad  in  this  commonwealth. 
The  tests  under  such  regulations  shall,  it'  possible,  be  made  by 
the  master  mechanic  of  the  corporation,  firm  or  person  which 
constructs,  repairs  or  uses  such  boilers.  A  person  or  corpora- 
tion using  a  locomotive  on  a  railroad  in  this  commonwealth,  the 
boiler  of  which  has  not  been  tested  in  accordance  with  the  pro- 
vi>i<>ii<  of  this  section,  shall  be  punished  by  a  fine  of  twenty 
dollars  for  every  day  during  which  such  use  continues,  to  the 
use  of  the  commonwealth. 

Section  171.  A  railroad  corporation  which  uses  any  vacuum 
brake  shall  provide  and  use  on  every  locomotive  equipped  there- 
with a  muffler  or  other  appliance,  approved  in  writing  by  the 
board  of  railroad  commissioners,  for  deadening  the  noise  inci- 
dent to  the  operation  of  such  brake;  but  any  other  appliance 
may  be  used  upon  any  locomotive  for  the  purpose  of  experiment 
only,  for  not  more  than  thirty  days,  but  not  upon  more  than 
two  locomotives  of  the  same  corporation  at  any  one  time. 
Every  application  to  said  board  for  approval  of  such  appliances 
shall  be  in  writing;  and  such  approval  may  be  revoked  by  said 
board  by  written  notice  to  the  corporation. 

Section  175.  A  railroad  corporation  which  uses  upon  its 
locomotives  a  pop  or  other  safety  valve  shall  provide  and  use 
therewith  a  suitable  and  sufficient  appliance  for  deadening  the 
sound  made  by  steam  escaping  therefrom,  and,  if  it  materially 
retards  the  escape  of  steam  or  increases  the  pressure  upon  the 
boiler,  the  corporation  shall  use  an  additional  safety  valve  with- 
out such  appliance,  set  at  a  higher  point  than  the  other  but 
below  the  point  at  which  explosion  is  likely  to  occur. 

Section  170.  A  corporation  which  violates  any  provision 
of  the  two  preceding  sections  shall  forfeit  not  less  than  one 
hundred  nor  more  than  three  hundred  dollars  for  every  locomo- 
tive used  by  it  in  violation  thereof,  and  a  further  sum  of  five 
dollars  for  each  day  upon  which  such  locomotive  shall  be  run 
in  violation  thereof. 

Section  177.  Every  railroad  corporation  shall  furnish  rea- 
sonable accommodations  for  the  convenience  and  safety  of  pas- 
sengers ;  and  for  every  wilful  neglect  to  provide  the  same  shall 
forfeit  not  less  than  five  nor  more  than  twenty  dollars. 

P.  S.  112,  §  177.  R.  L.  Ill,  §  219. 

Section  178.  Every  railroad  corporation  shall  provide  a 
uniform  hat  or  cap  and  distinguishing  badge,  which  shall  be 
worn  by  all  its  employees  whose  duties  relate  immediately  to 
the  transportation  of  passengers  or  their  baggage.  A  corpora- 
tion which  neglects  to  provide  such  uniform  hat  or  cap  and  badge 
shall  forfeit  one  hundred  dollars  for  each  week  of  such  neglect; 
and  if  such  an  employee  neglects  to  wear  the  same  when  on 
duty,  the  corporation  which  employs  him  shall  for  each  case  of 
such  neglect  forfeit  twenty-five  dollars ;  and  no  employee,  unless 
wearing  his  uniform  hat  or  cap  and  badge,  shall  be  permitted 
to  exercise  any  authority  or  to  perform  any  of  the  duties  of 
his  office. 


EMPLOYEES. 


85 


Section  179.     A  railroad  corporation  shall  not  employ  any  Coior-biind- 

i  i   •         •       • ,  i  •  • ,  •  i-i  *      •     '      ness,  examina- 

person  or  keep  him  in  in  employ  in  a   position   which  requires  tionfor. 
the  employee  to  distinguish  form  or  color  signals,  unless  he  has  p.s.'A^ 
been  examined  for  color-blindness  or  other  defective  sight  by  a  iss'i' r_\-> 
competent  person  employed  by  the  corporation  and  has  received  ^:,1>'1111' 
a  certificate  that  he  is  not   disqualified  for  such   position  by 
color-blindness  or  other  defective  sight.     A  railroad  corporation 
which   violates  the  provisions  of  this  section  shall  forfeit  one 
hundred  dollars. 

Acts  of  1907,  Chapter  577. 
An  Act  to  provide  for  One  Day's  Rest  in  Seven. 

Section  1.     Except  in  eases  of  emergency  or  except  at  the  request  Work  on 
of  the  employee,  it  shall  not  be  lawful  for  any  person,  partnership,  unlawful*5 
association    or    corporation    to    require    an    employee    engaged    in    any  unless- 
commercial  occupation,  or  in  the  work  of  any  industrial  process,  or  in 
the  work  of  transportation  or  communication,  to  do  on  the  Lord's  day 
the   usual   work   of   his   occupation,    unless   such   employee   is   allowed 
during  the  six  days  next  ensuing  twenty-four  consecutive  horn's  without 
labor. 

Section  2.     This  act  shall  not  he  construed  as  authorizing  any  wor 
on  the  Lord's  day  not  now  authorized  by  law ;  nor  as  applying  to  farm  eruption 
or  personal  service,   to  druggists,  to  watchmen,  to  superintendents  or 
managers,  to  janitors,  or  to  persons  engaged  in  the  transportation,  sale 
or  delivery  of  milk,  food  or  newspapers. 

Section  3.    Whoever  violates  the  provisions  of  this  act  shall  be  pun- 
ished by  a  fine  of  not  more  than  fifty  dollars  for  each  offence. 

Section  4.     This  act  shall  take  effect  on  the  first  day  of  October  in 
the  year  nineteen  hundred  and  seven.     [Approved  June  28,  1907. 


Construction 

of  act.     Ex- 


Penalty. 


Revised  Laws,  Chapter  10(>,  §  15. 
Section  15.     A  corporation  which  is  engaged  in  carrying  passengers   Railroads,  etc. 
or  in  transporting  freight  for  hire  shall  not  require  or  receive  from  a   certain  bonds! 
person  who  is  employed  or  about  to  be  employed  by  it  a  bond  or  other   1900,  282- 
security,  either  with  or  without  surety,  to  indemnify  such  corporation 
against  loss  or  damage  to  other  persons  or  to  property  resulting  from 
the  act  or  neglect  of  such  person,  except  a  bond  to  account  for  money 
or  other  property  of  such  corporation.     A  corporation  or  a  person  in 
its  behalf  who  violates  the  provisions  of  this  section  shall  be  punished 
by  a  fine  of  not  more  than  fifty  dollars  for  the  first  offence  and  of  not 
more  than  one  hundred  dollars  for  each  subsequent  offence. 


Acts  of  1903,  Chapter  320. 

An  Act  relative  to  Public  Service  Corporations  and  their  Employees. 

Section  1.     No  railroad,  street  railway,  electric  liyht,  gas,  telegraph,   Employment. 

•> '  o     7  o  off    etc,  ol  person 

telephone,   water  or  steamboat  company  shall   appoint,   promote,   rein-   by  public 
state,  suspend  or  discharge  any  person  employed  or  seeking  appoint-  porationsre- 
ment  by  any  such  company  at  the  request  of  the  governor,  lieutenant  stncted- 
governor,  or  any  member  or  member  elect  of  the  council  or  of  the 
general   court,   or  candidate   therefor,   justice   of  the  supreme   judicial 
court,  justice  of  the  superior  court,  judge  of  probate,  justice  of  a  police, 
district  or  municipal  court,  district  attorney,  member  or  member  elect 
of  a  board  of  county  commissioners,  or  candidate  for  county  commis- 
sioner, member  or  member  elect  of  a  hoard  of  aldermen,  selectmen,  or 
city  council,  or  any  executive,  administrative  or  judicial  officer,  clerk  or 


86 


WEEKLY    PAYMENT    OF    WAGES. 


Certain  offices 
not  to  be  con- 
sidered public 
offices. 

Penalty. 


Weekly  pay- 
ment of  wages, 
1879,  128. 
P.  S.  28,  §  12. 
1S86,  87, 
§§  1,2. 
1SS7,  399,  §  1. 
1891,  239,  §  1. 

1894,  508, 
§§  51,  65. 

1895,  438. 

1896,  241, 
334 

1898,  481. 

1899,  247. 

1900,  470. 
163  Mass.  589. 
170  Mass.  140. 
172  Mass.  230. 


Chief  of  dis- 
trict police  to 
prosecute 
violations  of 
preceding 
section. 
1886,  87, 
§§  2-4. 


employee  of  any  branch  of  the  government  of  the  commonwealth  or  of 
any  county,  city  or  town ;  nor  shall  any  such  public  officer  or  body,  or 
any  member  or  member  elect  therefor  or  candidate  therefor,  directly  or 
indirectly  advocate,  oppose,  or  otherwise  interfere  in,  or  make  any 
request,  recommendation,  endorsement,  requirement  or  certificate  rela- 
tive to,  and  the  same,  if  made,  shall  not  be  required  as  a  condition 
precedent  to,  or  be  in  any  way  regarded  or  permitted  to  influence  or 
control,  the  appointment,  promotion,  reinstatement  or  retention  of  any 
person  employed  or  seeking  employment  by  any  such  corporation,  and 
no  such  person  shall  solicit,  obtain,  exhibit,  or  otherwise  make  use  of 
any  such  official  request,  recommendation,  certificate  or  endorsement  in 
connection  with  any  existing  or  desired  employment  by  a  public  service 
corporation. 

Section  2.  The  offices  of  probation  officer,  notary  public  and  justice 
of  the  peace  shall  not  be  considered  public  offices  within  the  meaning 
of  this  act. 

Section  3.  Any  person  or  corporation  violating  the  provisions  of 
this  act  shall  be  punished  by  a  fine  of  not  less  than  fifty  dollars  nor 
more  than  one  hundred  dollars  for  each  offence.  [Approved  May  5, 
1903. 

Revised  Laws,  Chapter  106,  §§  62,  63. 

Section  62.  Every  manufacturing,  mining  or  quarrying,  mercantile, 
railroad,  street  railway,  telegraph  or  telephone  corporation,  every  in- 
corporated express  company  or  water  company,  and  every  contractor, 
person  or  partnership  engaged  in  any  manufacturing  business,  in  any 
of  the  building  trades,  in  quarries  or  mines,  upon  public  works  or  in 
the  construction  or  repair  of  railroads,  street  railways,  roads,  bridges 
or  sewers  or  of  gas,  water  or  electric  light  works,  pipes  or  lines,  shall 
pay  weekly  each  employee  engaged  in  his  or  its  business  the  wages 
earned  by  him  to  within  six  days  of  the  date  of  said  payment;  and 
the  commonwealth,  its  officers,  boards  and  commissions  shall  so  pay 
every  mechanic,  workman  and  laborer  who  is  employed  by  it  or  them, 
and  every  city  shall  so  pay  every  employee  who  is  engaged  in  its  busi- 
ness, unless  such  mechanic,  workman,  laborer  or  employee  requests  in 
writing  to  be  paid  in  a  different  manner;  and  every  town  and  county 
shall  so  pay  each  employee  in  its  business  if  so  required  by  him;  but 
an  employee  who  is  absent  from  his  regular  place  of  labor  at  a  time 
fixed  for  payment  shall  be  paid  thereafter  on  demand.  The  provisions 
of  this  section  shall  not  apply  to  an  employee  of  a  co-operative  corpo- 
ration or  association  if  he  is  a  stockholder  therein  unless  he  requests 
such  corporation  to  pay  him  weekly.  The  board  of  railroad  commis- 
sioners, after  a  hearing,  may  exempt  any  railroad  corporation  from 
paying  weekly  any  of  its  employees  if  it  appears  to  the  board  that  such 
employees  prefer  less  frequent  payments,  and  that  their  interests  and 
the  interests  of  the  public  will  not  suffer  thereby.  No  corporation, 
contractor,  person  or  partnership  shall  by  a  special  contract  with  an 
employee  or  by  any  other  means  exempt  himself  or  itself  from  the  pro- 
visions of  this  and  the  following  section.  "Whoever  violates  the  provi- 
sions of  this  section  shall  be  punished  by  a  fine  of  not  less  than  ten  nor 
more  than  fifty  dollars. 

Section  63.  The  chief  of  the  district  police  or  an  inspector  of 
factories  and  public  buildings  may  make  a  complaint  against  any 
person  for  a  violation  of  the  provisions  of  the  preceding  section.  Com- 
plaints for  such  violations  shall  be  made  within  thirty  days  after  the 
date  thereof  and  on  the  trial  no  defence  for  failure  to  pay  as  required, 


EMPLOYEES. 


87 


other  than  the  attachment  of  such  wages  by  the  trustee  process  or  a   J||{'  |||'  $  2- 
valid   assignment  thereof   or  a  valid   set-off  against   the   same   or  the    J^1.1  ^"s 
absence  of  the  employee  from  his  regular  place  of  labor  at  the  time   1895,438. 
of  payment  or  an  actual  tender  to  such  employee  at  the  time  of  payment    [flf;  Hi 
of  the  wages  so  earned  by  him,  shall  be  valid.     The  defendant  shall  not   l899-  -17- 
set  up   as  a  defence  a  payment   of  wages  after  the  bringing  of  the 
complaint.     An  assignment  of  future  wages  which  are  payable  weekly 
under  the  provisions  of  this  chapter  shall  not  be  valid  if  made  to  the 
person  from  which  such  wages  are  to  become  due  or  to  any  person  on 
his  behalf  or  if  made  or  procured  to  be  made  to  another  person  for  the 
purpose  of  relieving  the  employer  from  the  obligation  to  pay  weekly. 
The  word  "  person  "  in  this  section  shall  include  the  corporations,  con- 
tractors, persons  and  partnerships  described  in  the  preceding  section. 

Revised  Laws,  Chapter  176,  §  1. 

Section  1.     A  person  qualified  to  vote  for  representatives  to  the  Qualifications 

eeneral  court  shall  be  liable  to  serve  as  a  luror,  except  that  the  following1  tions. 

persons  shall  be  exempt :  c!  l!  us,  §4. 

The  governor;   lieutenant-governor;  members  of  the  council;   secre-  j-gj  i5 t.  9  9 

tary   of  the   commonwealth;   members   and   officers  of  the   senate   and  I78s!42,  |4. 

house  of  representatives  during  the  session  of  the  general  court;  judges  1807!  140,  §  i. 

and  justices  of  a  court,  except  justices  of  the  peace;  county  and  asso-  jfjf'  jffj  «  2 

ciate    commissioners;    clerks    of    courts    and    assistant    clerks    and    all  RS.' is,  §i~; 

regularly  appointed  officers  of  the  courts  of  the  United  States  and  of  1838,  21. 

this  commonwealth;  registers  of  probate  and  insolvency;   registers  of  ill?;  lot'.  *  8" 

deeds;  sheriffs  and  their  deputies;  constables;  marshals  of  the  United  (ls"^  j'?, 5 - 

States  and  their  deputies,  and  all  other  officers  of  the  United  States;  55  i,  2. 

attorneys  at  law;  settled  ministers  of  the  gospel;  officers  of  colleges;  isrt;  320,' §  17. 

preceptors  and  teachers  of  incorporated  academies;  registered  praetis-  f§io70, 

ing  physicians  and  surgeons;  cashiers  of  incorporated  banks;  constant  i *<.>»>". 4'_>7._ 

ferrymen;   persons  who   are  more  than   sixty-five  years  old;   members  20  Pick,  l.7' 

of  the  volunteer  militia;  members  of  the  ancient  and  honorable  artil-  Jri  M,ass-  6?„ 

143  Mass.  130. 

lery  company;  superintendents,  officers  and  assistants  employed  in  or  163  Mas<  1;,; 
about  a  state  hospital,  insane  hospital,  jail,  house  of  correction,  state 
industrial  school  or  state  prison;  keepers  of  light  houses;  conductors 
and  engine  drivers  of  railroad  trains;  teachers  in  public  schools;  en- 
ginemen  and  members  of  the  fire  department  of  the  city  of  Boston, 
and  of  other  cities  and  towns  in  which  such  exemption  has  been  made 
by  vote  of  the  city  council  or  the  inhabitants  of  the  town,  respectively. 

Revised  Laws,  Chapter  16,  §  3. 

Section  3.    In  addition  to  the  persons  exempted  by  the  laws  of  the  uxs"1i;'!'\"<i- 
United  States  from  enrolment  in  the  militia,  the  following  persons  shall    fl629. 
also  be  absolutely  exempt:  justices  and   clerks  of  courts  of   record;    1887,411,52. 
judges  and  registers  of  probate  and  insolvency:  registers  of  deeds,  and    '  ^', '  "  ' '.',.  ..^  -■ 
sheriffs;  officers  who  have  held  or  may  hold  commissions  in  the  regular    L3  Mass.  316. 
or  volunteer  army  or  navy  of  the  I 'idled  States;  officers  who  have  held,   17  Mass.  49. 
for  a  period  of  five  years,  commissions  in  the  militia  of  this  or  any  2Pick.'597 
other  state  of  the  United   States,   or  who   have   been   superseded    and   23  Pick 
discharged,  or  who   have  held  commissions  in   any  organization    of  the 
Massachusetts  volunteer  militia  at  the  time  of  its  disbandment;  enlisted 
men   who   have   served    honorably   in    the   volunteer   militia    continuously 
for  a  period  of  nine  years;  ministers  of  the  gospel;  practising  physi- 
cians;  superintendents,   officers   and   assistants  employed    in    or  about 
either  of  the  state  hospitals,  state  almshouses,   state   prisons,   jails   or 


88 


FAKES,  TOLLS,  CHARGES,  ETC. 


houses  of  correction;  keepers  of  lighthouses;  conductors  and  engine 
drivers  of  railroad  trains;  seamen  actually  employed  on  board  of  any 
vessel,  or  who  have  been  so  employed  within  three  months  next  pre- 
ceding the  time  of  enrolment. 


Further 
appliance-. 
L882,  54,  §   1 
R.  I..  Ill, 


Rates  of  fare, 
how  estab- 
lished and 
revised. 

R.  S.  39,  §  83. 
G.  S.  63.  §  111'. 
1870,  325,  §  1. 
1874,  372, 
§  17'.). 
P.  S.  112, 
§  180. 
R.  L.  Ill, 
§  225. 

12  Gray,  180. 
160  Mass.  82 
170  Mass.  205. 


Extra  fares 
regulated. 
L883,  32. 
1900,  154. 
R.  L.  Ill, 
§  226. 


Commutation 
tickets. 
1900,  395. 
R.  L.  Ill, 
§  227. 


Certain  corpo- 
rations,  firms, 
and  persons 
receiving 

deposits  to 
give  bond  to 
treasurer  and 
receiver  gen- 
eral. 


Section  180.  The  board  of  railroad  commissioners  may 
require  a  railroad  corporation  to  equip  its  cars  with  such  other 
appliances  as,  in  the  judgment  of  said  board,  are  necessary  for 
the  further  protection  of  life  in  all  passenger  trains  used  in  this 
commonwealth. 

Fares,  Tolls,  Charges,  etc. 

Section  181.  A  railroad  corporation  may  establish  for  its 
sole  benefit  fares,  tolls  and  charges  upon  all  passengers  and 
property  conveyed  or  transported  on  its  railroad,  at  such  rates 
as  may  be  determined  by  its  directors,  and  may  from  time  to 
time  by  its  directors  regulate  the  use  of  its  railroad ;  but  such 
fares,  tolls  and  charges,  and  such  regulations,  shall  be  subject 
to  revision  and  alteration  by  the  general  court,  or  by  such  officers 
or  persons  as  it  may  appoint  for  the  purpose,  anything  in  the 
charter  of  the  railroad  corporation  to  the  contrary  notwith- 
standing. 

Section  182.  A  railroad  corporation  shall  not  demand  or 
receive  for  any  single  ticket  bought  or  fare  paid  on  a  train  or 
elsewhere  than  at  its  ticket  offices  more  than  ten  cents  in  excess 
of  the  tariff  rates  charged  at  its  ticket  offices.  When  such  excess 
is  received,  the  conductor  or  other  person  receiving  it  shall  give 
to  the  passenger  a  printed  certificate  which  shall  entitle  him  to 
receive  the  excess  so  paid  at  any  station  of  the  corporation  in 
exchange  for  such  certificate.  A  railroad  corporation  which 
violates  any  provision  of  this  section  shall  be  punished  by  a 
fine  of  not  less  than  ten  nor  more  than  fifty  dollars. 

Section  183.  Every  railroad  corporation  which  has  a  ter- 
minus in  Boston,  except  the  Boston,  Revere  Beach  and  Lynn 
Railroad  Company,  shall  sell  a  commutation  ticket  good  for  not 
more  than  twenty-five  trips  between  Boston  and  a  station  in  the 
suburban  district,  so-called,  which  is  named  therein,  at  the 
lowest  rate  for  each  trip  which  was  charged  between  said  points 
on  the  first  day  of  July  in  the  year  nineteen  hundred,  except 
the  rates  charged  for  season  tickets  and  for  tickets  on  working- 
men's  trains. 

Acts  of  1905,  Chapter  428. 

An  Act  to  regulate  the  Taking  of  Deposits  by  Certain  Banks,  Associations  and 

Persons. 

Section  1.  All  corporations,  firms  and  persons  now  or  hereafter 
engaged  in  the  selling  of  steamship  or  railroad  tickets  for  transportation 
to  or  from  foreign  countries,  who  in  conjunction  with  said  business 
carry  on  the  business  of  receiving  deposits  of  money  for  the  purpose  of 
transmitting  the  same,  or  equivalents  thereof,  to  foreign  countries, 
shall,  before  entering  into  said  business  or  before  continuing  said  busi- 
ness, except  as  hereinafter  provided,  make,  execute  and  deliver  a  bond 
to  the  treasurer  and  receiver  general  in  the  sum  of  fifteen  thousand 
dollars,  conditioned  for  the  faithful  holding  and  transmission  of  any 


ys6 


[See  page.  88,  §  183.] 

1908. 

Chapter  649. 

An  Act  relative  to  the  Issuing  of  Mileage  and  Commutation  Tickets  by  Railroad 

Corporations. 

Section  1.     Every  railroad  corporation  issuing  mileage  tickets  shall,  Mileage 
upon  presentation  of  such  a  ticket  by  a  passenger,  detach  therefrom  tachment6" 
one  coupon  and  no  more  for  each  mile  and  fraction  thereof  actually  of  couP°ns- 
travelled :  provided,  however,  that  for  distances  less  than  three  miles  proviso, 
three  coupons  may  so  be  detached.     Distances  to  or  from  the  station 
known  as  Back  Bay  on  the  New  York,  New  Haven  and  Hartford  rail- 
road, and  the  stations  known  as  Trinity  Place  and  Huntington  Avenue 
on  the  Boston  and  Albany  railroad,  shall  be  computed  as  if  to  or  from 
the  Boston  terminal  station. 

Section  2.  Every  railroad  corporation  which  has  a  terminus  in  Bos-  Commutation 
ton,  except  the  Boston,  Revere  Beach  and  Lynn  Railroad  Company,  tlckets- 
shall  sell  a  commutation  ticket  good  for  not  more  than  twelve  rides 
between  Boston  and  each  station  on  its  lines  within  fifteen  miles  of  its 
terminal  station  in  Boston,  at  a  price  not  exceeding  the  average  rate 
for  each  trip  Avhich  was  charged  between  said  points  for  the  twenty- 
five-ride  commutation  tickets  in  use  on  the  first  day  of  January  in  the 
year  nineteen  hundred  and  eight,  excepting  that  the  minimum  fare  shall 
be  five  cents.  The  said  tickets,  before  issuance,  shall  be  subject  to  ap- 
proval by  the  board  of  railroad  commissioners  both  as  to  the  rate  of 
fare  and  the  conditions  named  therein.  So  far  as  is  practicable,  the 
rates  of  fare  on  all  roads  for  like  distances  from  their  terminal  stations 
shall  be  equal.  In  any  city  or  town  where  the  said  twelve-ride  ticket 
shall  exceed  in  price  the  price  now  charged  per  trip  for  the  twenty- 
five-ride  ticket,  then  thereafter  in  the  said  city  or  town  the  said  railroad 
companies  shall  continue  to  have  for  sale  a  twenty-five-ride  ticket  at 
the  existing  price. 

Section  3.     Section   one  hundred  and   eighty-three  of  Part  II,  of  1906,463, 
chapter   four  hundred  and  sixty-three  of  the  acts  of  the  year  nineteen    repealed. 
hundred  and  six  is  hereby  repealed.     [Approved  June  13,  190S. 


TRANSPORTATION    OF    PASSENGERS.  89 

money,  or  equivalent  thereof,  which  shall  be  delivered  to  it  or  them  for 
transmission  to  a  foreign  country.  In  the  case  of  corporations,  linns 
or  persons  now  engaged  in  said  business,  the  said  bond  shall  be  de- 
livered on  or  before  September  first,  nineteen  hundred  and  five. 

Section'  2.     Said  bond  shall  be  executed  by  said  corporations,  firms  Execution  of 
or  persons  as  principal,  with  at  least  two  good  and  sufficient  sui'eties  bond'  ete' 
who  shall  be  residents  and  owners  of  real  estate  within  the  Common- 
wealth, and  who  shall  be  possessed  of  property  to  the  value  of  thirty 
thousand  dollars,  over  and  above  all  debts  and  liabilities  and  property 
exempt  by  law  from  levy  and  sale  under  execution.     The  bond  shall  not  Bond  to  be 
be  accepted  unless  approved  by  the  treasurer  and  receiver  general,  and,   approve  ■ 
upon  such  approval,  it  shall  be  filed  in  his  office.     The  bond  of  a  surety 
company  may  be  received  if  approved  as  aforesaid. 

Section  3.     The  treasurer  and  receiver  general  shall  keep  a  record  of  Record  of 
such  bonds  filed  with  him,  with  the  names,  places  of  residence  and  of  kept,  etc. 
business  of  the  principals  and  sureties,  and  the  name  of  the  officer, 
before  whom  the  bond  was  executed  or  acknowledged,  and  the  record 
shall  be  open  to  public  inspection. 

Section  4.     Any  corporation,  firm  or  person  entering  into  or  con-  Penalty, 
tinuing  in  the   business  aforesaid   contrary  to  the   provisions   of  this 
act,  shall  be  punished  by  a  fine  of  not  less  than  fifty  or  more  than  one 
thousand  dollars,  or  by  imprisonment  for  not  less  than  thirty  days  or 
more  than  one  year,  or  by  both  such  fine  and  imprisonment. 

Section  5.     This  act  shall  not  apply  to  drafts,  money  orders  and  Not  to  apply  to 
travelers'  checks  issued  by  transatlantic  steamship  companies  or  their  money  orders] 
duly  authorized  agents.  etc- 

Revised  Laws,  Chapter  209,  §  2. 
Section  2.     Whoever  forges  or  procures  to  be  forged,  or  assists  in   Forgery  of 
forging,  the  seal  of  the  court  of  land  registration,  or,  without  lawful   i898?562,Sea 
authority,  stamps  or  procures  to  be  stamped,  or  assists  in  stamping,   foQ1.4,-,   «  3 
any  document  with  such  forged  seal  or  with  the  genuine  seal  of  said 
court,  shall  be  punished  as  provided  in  the  preceding  section.     Whoever 
forges  or  procures  to  be  forged,  or  assists  in  forging,  the  stamp  of  any 
railroad  company  or  of  any  railroad  ticket  agent,  or  stamps  or  procures 
to  be  stamped,  or  assists  in  stamping,  any  railroad  ticket  or  railroad 
mileage  book  with  such  forged  stamp,  or  with  a  genuine  stamp  of  any 
railroad  company  or  railroad  ticket  agent  without  being  duly  authorized 
thereto  shall  be  punished  by  imprisonment  in  the  state  prison  for  not 
more  than  three  years  or  in  jail  for  not  more  than  two  years,  or  by  a 
fine  of  not  more  than  five  hundred  dollars. 

Transportation  of  Passengers. 
Section  184.     A  railroad  corporation  may  make  contracts  Conveyance  of 

j?,i  /•  t       .  ^  .  »  passengers  at 

ior  the  conveyance  01  passengers  upon  designated  trams  i<>r  a  reduced  rates 
specific  distance  at  fixed  times,  at  such  reduced  rates  of  fare  1874!  372! 
as  the  parties  may  agree  upon.     Tickets  may  be  issued  for  such  p1|5ii2, 
passengers,  upon  which  shall  be  plainly  printed  the  terms  upon   i-'Y,'  111, 
which  they  may  be  used.     Such  tickets  shall  not  be  transferable  5  228, 
without  the  consent  of  the  corporation,  nor  shall   they  entitle 
the  holder  to  ride  upon  a  train  which  is  not  therein  designated. 

Section  185.     A  railroad  corporation  which  owns  or  oner-  Bicydesaa 

i.  L  1     1 

ates  a  railroad  of  standard  gauge  in  this  commonwealth  shall  'J"'".  :*1S- 
check  and  transport  between  stations  within  the  limits  of  this  5229. 


90 


TRANSPORTATION    OF    PASSENGERS. 


Baggage 

1854,  23. 

G.  S.  63,  §  111. 

L874,  372, 

§  136. 

P.  S.  112, 

5   L82 

R.  L.  Ill, 

§  230. 

15  Gray,  447. 

7  Allen,  329. 


Injury,  etc.,  to 
baggage  by 
hackman,  etc. 
1869,  307. 
P.  S.  203, 
§  112. 


commonwealth,  as  baggage,  and  subject  to  the  same  charges, 
terms  and  liabilities  as  other  baggage,  one  bicycle  for  each  pas- 
senger who  pays  by  a  mileage  hook,  by  a  ticket  other  than  a 
season  ticket,  or  in  cash,  the  established  fare,  if  it  is  not  less 
than  ten  cents,  exclusive  of  rebate.  The  weight  of  the  bicycle 
shall  be  included  in  determining  the  total  weight  of  the  baggage 
to  be  transported  for  such  passenger.  Such  corporation  shall 
not  require  such  bicycle  to  be  crated,  covered  or  otherwise  pro- 
tected. 

Section  186.  Every  railroad  corporation  shall,  upon  re- 
quest, give  cheeks  to  passengers  for  their  baggage  when  delivered 
for  transportation,  and  shall  re-deliver  the  baggage  to  the  pas- 
sengers upon  the  surrender  of  such  checks.  A  corporation  which 
violates  the  provisions  of  this  section  shall  forfeit  ten  dollars 
for  each  offence. 

Revised  Laws,  Chapter  208,  §  126. 

Section  126.  A  baggage  master,  express  agent,  stage  driver,  hack- 
man  or  other  person,  whose  duty  it  is  to  handle,  remove  or  take  care  of 
the  baggage  of  passengers,  who  wilfully  or  recklessly  destroys  or  injures 
a  trunk,  valise,  box,  package  or  parcel,  while  loading,  transporting, 
unloading,  delivering  or  storing  the  same,  shall  be  punished  by  a  tine 
of  not  more  than  fifty  dollars. 


Storage  of 

baggage, 

charges. 


Publication  of 

unclaimed 
effects  of 
passengers. 
1851,  147,  §  1. 
G.  S.  so,  15  1. 
P.  S.  96,  §  1. 
6  Allen,  253. 


Sale  of 
unclaimed 
articles. 
1851,  147.  5  2. 
G.S.  80,  §  2. 
P.  S.  96,  §  2. 


Proceeds  to  be 
paid  to  com- 
monwealth. 
1851,  1  17.  §  3. 
<3.  S  80,  j  ::. 
P.  S.  96,  §  3. 


Acts  of  1907,  Chapter  287. 
An  Act  relative  to  Charges  for  Storage  of  Baggage  by  Railroad  Corporations. 

Section  1.  No  charge  shall  be  made  by  railroad  corporations  for  the 
care  or  storage  of  baggage  left  at  or  arriving  in  railroad  stations  upon 
Friday,  for  the  period  of  time  between  Friday  and  the  forenoon  of  the 
following  Monday. 

Section  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
April  11,  1907. 

Revised  Laws,  Chapter  95,  §§  1-4. 

Section  1.  Railroad  corporations  and  the  proprietors  of  steamboats 
engaged  in  the  transportation  of  passengers  shall  semi-annually,  on  the 
first  Monday  of  January  and  July,  publish,  in  one  newspaper  at  least 
in  every  county  of  this  commonwealth  in  which  such  corporations  or 
proprietors  have  a  passenger  station  or  office,  a  descriptive  list  of  all 
trunks,  bags,  valises,  parcels  and  passengers'  effects  which  have  been 
left  and  then  remain  unclaimed  at  any  passenger  station  or  office,  or  in 
the  possession  of  such  corporations  or  proprietors  or  their  agents, 
and  the  list  shall  indicate  all  such  specific  marks  as  may  serve  to  identify 
the  same. 

Section  2.  If  at  the  expiration  of  six  months  after  such  advertise- 
ment any  of  the  articles  so  advertised  remain  unclaimed,  said  corpora- 
tions or  proprietors  having  possession  thereof  shall  give  notice  to  the 
mayor  and  aldermen  of  the  city  or  selectmen  of  the  town  in  which 
the  articles  may  be,  who  shall  cause  them  to  be  examined,  and  may 
order  them  to  be  sold  by  public  auction  upon  publication  of  notice  of 
the  time  and  place  of  sale  as  aforesaid,  or  may  order  them  to  be  again 
advertised  and  to  remain  another  six  months  before  being  sold. 

Section  3.  The  proceeds  of  all  articles  thus  sold,  after  deducting 
costs  of  storage,  advertising  and  tit  her  expenses  due  to  such  corpora- 
tions or  proprietors,  and  the  costs  of  said  examination  and  sale,  shall  be 


906 


[See  page  90,  1907,  chap.  287.] 

1908. 

Chapter  504. 

An  Act  relative  to  the  Charges  for  Storage  of  Baggage  by  Railroad  Corporations. 

Section  1.     Section  one  of  chapter  two  hundred  and  eighty-seven  of  1907,  287,  §  1, 
the  acts  of  the  year  nineteen  hnndred  and  seven  is  hereby  amended  by 
striking  out  the  words  "  the  forenoon  ",  in  the  fourth  line,  and  insert- 
ing in  place  thereof  the  words :  —  twelve  o'clock  noon,  —  so  as  to  read 
as  follows :  —  Section  1.    No  charge  shall  be  made  by  railroad  corpora-  Charge 
tions  for  the  care  or  storage  of  baggage  left  at  or  arriving  in  railroad  \y^J^,r,QgB 
stations  upon  Friday,  for  the  period  of  time  between  Friday  and  twelve 
o'clock  noon  of  the  following  Monday. 

Section  2.     This  act  shall  take  effect  upon  its  passage.     [Approved 
May  7,  1908. 


TRANSPORTATION    OF    PASSENGERS.  91 

paid   over  to  the  treasurer   and   receiver  general   for   the  use   of   the 
commonwealth. 

Section'  4.    If  such  corporations  or  proprietors  neglect  or  omit  so  to  Penalty  for 

advertise  and  cause  any  such  effects  to  be  examined,  they  shall  be  liable  veftfse,  etc* " 

for  all   damages  caused   thereby,   and   shall   also   forfeit   one   hundred  Q85g'g07i§44' 

dollars  for  each  case  of  neglect  or  omission.  P.  S.  96,'  §  4. 

Section  187.     Every  railroad  corporation  which  has  a  ter-  cheap  mom- 
minus  in  Boston  shall,  upon  the  application  of  two  hundred  or  ing  trains. 
more  persons  therefor,  furnish  on  each  week  day  a  morning  p.  s.'m," 
train  in  and  an  evening  train  out  for  distances  not  exceeding  fjif'111, 
fifteen  miles,  or  suitable  cars  attached  to  other  trains,  and  reach-  &  231- 
ing  and  leaving  Boston  at  about  six  o'clock  in  the  forenoon  and 
afternoon,  or  at  such  hours  as  may  be  fixed  by  the  board  of 
railroad  commissioners ;  and  for  such  trains,  shall  furnish  sea- 
son tickets  good  once  a  day  each  way  for  six  days  in  the  week, 
at  a  rate  not  exceeding,  for  yearly  tickets,  three  dollars  a  mile 
and  for  quarterly  tickets,  one  dollar  a  mile. 

Section  188.     Every  railroad  corporation  which  has  a  ter-  Working- 
minus  in  Boston  shall  furnish  such  number  of  workingmen's  1900, 298. 
trains,  not  less  than  two  each  way,  as  the  board  of  railroad  com-  §  232.     ' 
missioners,  upon  a  petition  for  such  trains  filed  with  it,  shall 
in  each  case  order.     Such  trains  shall  arrive  at  Boston  between 
six  and  half  past  seven  o'clock  in  the  morning  and  leave  Boston 
between  the  same  hours  in  the  evening  and  special  cars  may  be 
provided  therefor.     Season  tickets,  good  once  a  day  each  way 
for  six  days  in  the  week,  shall  be  furnished  for  such  trains  at  a 
rate  not  exceeding,  for  yearly  tickets,  three  dollars  a  mile,  and 
for  quarterly  tickets,  one  dollar  a  mile.     Trip  tickets  now  issued 
shall  be  good  on  the  two  trains  authorized  by  this  section,  and 
shall  not  be  withdrawn  nor  the  rate  therefor  be  increased  without 
the  consent  of  the  board  of  railroad  commissioners. 

Section  189.     Every  railroad  corporation  shall  sell  to  an  Season  tickets 

.  ■■  t  1  for  express 

express  messenger  or  to  a  person  who  conducts  a  local  express  messengers, 
business,  as  provided  in  section  one  hundred  and  ninety-seven,  §§  %  5.   ' 
in  its  trains  or  cars  within  this  commonwealth,  a  season  ticket  1233.111, 
for  his  personal  transportation,  at  a  price  not  exceeding  that  at  See  R.  l.  70. 
which  similar  tickets  are  sold  to  passengers,  upon  receiving  from 
him  a  release  of  all  right,  to  whomsoever  accruing,  to  damages 
or  compensation  for  death  or  for  any  personal  injury  received 
by   him    while   riding  on    such    ticket.      The   supreme   judicial 
court  or  the  superior  court  shall  have  jurisdiction  to  enforce  the 
provisions  of  this  section  by  injunction,   mandamus  or  other 
suitable  process. 

Section  190.     Any  person  who,  being  governor,  lieutenant  Frcep^sesto 

'  ~    ^  stilt*1  nlhrers 

governor,  member  of  the  council,  member  or  member-elect  of  forbidden 

.  •         1S92   59 

the  general  court,  justice  of  the  supreme  judicial  court,  justice  |§  1-3. 
of  the  superior  court,  judge  of  probate,  justice  of  a  police,  dis-  §  234. 
trict  or  municipal  court  or  a  county  commissioner,  who  requests, 
for  himself  or  another,   accepts  or  uses  any  free  pass  upon  a 
railroad,    or    any    ticket   which    entitles   him    to   transportation 
upon  a  railroad,  for  which  he  has  paid  a  less  price  than  is  de- 


92 


TRANSPORTATION    OF    MAILS. 


Women,  etc., 
in  smoking 
cars. 

1888,  176. 
R  L.  Ill, 
§  235. 


Color  or  race 
discrimina- 
tion. 

1st',.-,,  277. 
1866,  252. 
P.  S.  207,  §  69. 
1SX5,  316. 
1893,  436. 
1895,  461. 
13  Allen,  247. 


Transporta- 
tion or  United 
States  mails, 
when,  etc. 
1867,  351.  §  1. 
P.  S.  112, 
:    ISA 

K.  L.  Ill, 
§  236. 

Compensation 
for  carrying 
mails,  how 
determined. 
1867,  351,  §  2. 
P.  S.  112, 
5  185. 
R.  L.  Ill, 
§  237. 


mantled  of  the  public  generally,  and  an  officer,  agent  or  employee 
of  a  railroad  corporation  who  issues,  delivers  or  offers  to  any 
person  hereinbefore  mentioned  or  to  or  for  any  other  person  at 
the  request,  solicitation  or  procurement  of  any  such  person  a 
free  pass  or  any  ticket  which  entitles  him  to  transportation  at  a 
less  rate  of  fare  than  is  demanded  of  the  public  generally,  shall 
be  punished  by  a  fine  of  not  less  than  one  hundred  nor  more 
than  one  thousand  dollars. 

Section  191.  A  railroad  corporation  which  does  business  in 
this  commonwealth  shall  not  require  women  or  children  to  ride 
in  smoking  cars.  For  a  violation  of  the  provisions  of  this  section 
the  corporation,  or  any  officer  or  employee  thereof,  shall  be  pun- 
ished by  a  fine  of  not  less  than  ten  nor  more  than  fifty  dollars 

for  each  offence. 

Revised  Laws,  Chapter  212,  §  89. 

Section  89.  Whoever  makes  any  distinction,  discrimination  or  re- 
striction on  account  of  color  or  race  or,  except  for  good  cause,  appli- 
cable alike  to  all  persons  of  every  color  and  race,  relative  to  the 
admission  of  any  person  to,  or  his  treatment  in,  a  theatre,  skating 
rink  or  other  public  place  of  amusement,  licensed  or  unlicensed,  or  in  a 
public  conveyance  or  public  meeting,  or  in  an  inn,  barber  shop  or  other 
public  place  kept  for  hire,  gain  or  reward,  licensed  or  unlicensed,  or 
whoever  aids  or  incites  such  distinction,  discrimination  or  restriction, 
shall,  for  each  offence,  be  punished  by  a  fine  of  not  more  than  three 
hundred  dollars  or  by  imprisonment  for  not  more  than  one  year,  or  by 
both  such  fine  and  imprisonment,  and  shall  forfeit  to  any  person 
aggrieved  thereby  not  less  than  twenty-five  nor  more  than  three  hundred 
dollars;  but  such  person  so  aggrieved  shall  not  recover  against  more 
than  one  person  by  reason  of  any  one  act  of  distinction,  discrimination 
or  restriction. 

Transportation  of  Mails. 

Section  192.  Every  railroad  corporation  shall,  upon  request 
of  the  postmaster  general  or  of  an  authorized  agent  of  the  post 
office  department,  carry  the  mails  at  such  times  and  upon  such 
trains  as  may  be  desired  by  him  upon  the  terms  provided  in  the 
two  following  sections. 

Section  193.  A  corporation  which  is  unable  to  agree  with 
the  postmaster  general  or  other  proper  officer  of  the  United 
States  as  to  the  compensation  to  be  paid  for  such  transportation 
may  notify  the  postmaster  general  of  its  unwillingness  to  carry 
the  mails  upon  the  terms  proposed ;  and  after  the  expiration 
of  three  months  from  the  depositing  of  such  notice  in  a  post 
office  in  this  commonwealth,  addressed  to  the  postmaster  general, 
such  corporation  shall  be  absolved  from  the  duty  imposed  in  the 
preceding  section,  unless  he  or  some  officer  or  agent  of  the  post 
office  department  within  that  time  has  filed  a  petition  in  the 
supreme  judicial  court  in  any  county,  praying  for  the  appoint- 
ment of  three  commissioners  to  fix  the  price  to  be  paid  to  the 
corporation  for  such  service ;  and  the  court,  after  notice  to  the 
corporation,  shall  appoint  three  commissioners  to  hear  the  par- 
ties and  determine  such  compensation,  the  award  of  a  major 
part  of  whom,  1  icing  made  to  and  confirmed  by  said  court,  shall 


TRANSPORTATION    OF    MERCHANDISE.  93 

be  final  as  to  all  past  service  and  for  the  period  of  two  years 
after  such  confirmation. 

Section  194.     Upon  application  to  said  court  by  either  party  Revision  of 
to   such  proceedings   at  any  time   after  the  expiration  of  two  i867,'35i,  §  3. 
years  from  the  confirmation  of  such  award,  the  matter  may  be  §  is611J' 
reopened,  and  the  same  or  other  commissioners  shall  rehear  the  f  23s.111' 
parties,  and  the  award  of  said  commissioners  or  of  a  major  part 
of  them,  when  made  to  and  confirmed  by  said  court,  shall  be 
binding  on  the  parties  for  two  years  after  such  confirmation, 
when  like  proceedings  may  again  be  had  on  petition  of  either 
party. 

Transportation  of  Merchandise. 

Section  195.     A  railroad  corporation  shall,  upon  request,  ^ceiptss  f? 
without   additional   charge,   srive   a  receipt   describing  articles,  merchandise. 

°  "    1872   30S 

packages  or  commodities  not  extra  hazardous  delivered  to  it  1874,' 372^ 
for  transportation.  -A  corporation  which  refuses  to  give  such  p.  s'112, 
receipt  shall  forfeit  fifty  dollars  to  the  person  who  is  entitled  ft.1?!  111, 
thereto.  §  239- 

Section  190.      Every  railroad  corporation  shall,  subject  to  Equal  faciii- 
the  provisions  of  section  two  hundred  and  one,  give  to  all  per-  portation.ans~ 
sons  reasonable  and  equal  terms,  facilities  and  accommodations  }|^'  ^%- 
for  the  transportation   upon    its   railroad   of   themselves,   their  L^Wo' 
agents  and  servants,  and  of  their  merchandise  and  other  prop-  §  188- 
erty   and   for   the   use   of  its   depot   and   other  buildings    and  §  240. 
grounds ;   and,   at  any  point  where  its  railroad   connects  with  128  Mass!  -.ins. 
another  railroad,  it  shall  give  reasonable  and  equal  terms  and  266.      s' 35, 
facilities  of  interchange.  165  Mass.  398. 

Section  197.     The  provisions  of  the  preceding;  section  shall  —  to  local 

i  ii  IT-  -it  1  ,.  expressmen. 

apply  to  all  persons  engaged  only  m  a  local  express  business  for  1894,  469, 
the  forwarding  of  express  matter  between  points  within  the  R.  l'.  liij 
commonwealth  in  the  trains  or  cars  of  any  railroad  corpora-  i654  Mass.  39s. 
tion,  and  to  persons  desiring  to  engage  therein  who  obtain  the  |e£R-L-'0> 
recommendation  of  the  board  of  railroad  commissioners  there- 
for, and  who  agree  in  writing  to  indemnify  the  corporation 
against  all  loss  of  and  damage  to  any  property  which  is  carried 
by  them  on  its  trains.  Such  recommendation  shall  be  given 
only  after  notice  to  all  parties  interested  and  a  hearing  thereon, 
and  with  regard,  among  other  considerations,  to  the  public  in- 
terest. Such  corporation  may  contract  with  one  or  more  per- 
sons for  the  express  service  over  its  railroad  or  system,  subject 
to  the  rights  of  such  persons  as  may  then  be  engaged  in,  or  shall 
have  obtained  the  recommendation  aforesaid  to  conduct,  such 
local  express  business  thereon  between  points  within  this  com- 
monwealth under  the  provisions  of  this  section;  and  the  terms, 
facilities  and  accommodations  provided  for  such  hist  named 
persons  shall  qoI  be  unreasonable  or  unequal,  having  regard  to 
the  amount  and  character  of  the  service  and  also  to  such  reason- 
able regulation  of  said  business  as  may  be  I'm-  the  public  inter- 
es1  and  the  efficienl  operation  of  the  railroad.  The  provisions 
of  this  section  shall  not  deprive  any  railroad  corporation  of  any 
right  which  it  has  under  its  charter  or  under  general   laws,  to 


91 


TRANSPORTATION    OF    MERCHANDISE. 


Merchandise 

i c i  In-  for- 
warded 
promptly. 
L859,  209,  §  1. 
G.S.  63.  §  ill. 
Is7l.  372, 
§  139. 

1'   S    112.  §189. 
R.L.111,1242. 

Charges  for 

ii  nation 
of  freight. 
1871,  363. 

1S74.  372, 

5   Hit 

P.  S.  112, 

§  190. 

R.  L.  Ill, 

5   213. 

124  Mass.  561. 


Penalties  on 
corporation. 
1859,  209.  §  2. 
G.S.  63,  §  114. 
is 73.  240. 
1874.  372, 
§  141. 
1880,  258. 
P.  S.  112, 
§  191. 
R.  L.  Ill, 
§  244. 
143  Mass.  264. 


Discrimina- 
tion in  freight 
rates  for- 
bidden. 
1882,  94,  225. 
R.  L.  Ill, 
§  245. 


perform  all  the  transportation  of  property  upon  its  railroad. 
The  supreme  judicial  court  or  the  superior  court  shall  have 
jurisdiction  to  enforce  the  provisions  of  this  section  by  injunc- 
tion, mandamus  or  other  suitable  process. 

Section  198.  Every  railroad  corporation  shall  promptly  for- 
ward merchandise  consigned  to  or  directed  to  be  sent  over  an- 
other railroad  connecting-  with  its  railroad,  according  to  the 
directions  contained  thereon  or  accompanying  the  same,  and 
shall  not  receive1  and  forward  over  its  railroad  merchandise  con- 
signed to  or  directed  to  be  sent  by  a  different  route. 

Section  199.  A  railroad  corporation  shall  not  charge  or  re- 
ceive for  the  transportation  of  freight  to  any  station  on  its  rail- 
road a  greater  amount  than  is  at  the  time  charged  or  received 
for  the  transportation  of  the  like  class  and  quantity  of  freight 
from  the  same  original  point  of  departure  to  a  station  at  a 
greater  distance  on  its  railroad  in  the  same  direction.  Two  or 
more  railroad  corporations  whose  railroads  connect  shall  not' 
charge  or  receive  for  the  transportation  of  freight  to  any  sta- 
tion on  the  railroad  of  either  of  them  a  greater  amount  than  is 
at  the  time  charged  or  received  for  the  transportation  of  the  like 
class  and  quantity  of  freight  from  the  same  original  point  of  de- 
parture to  a  station  at  a  greater  distance  on  the  railroad  of 
either  of  them  in  the  same  direction.  In  the  construction  of 
this  section,  the  amount  charged  or  received  for  the  transporta- 
tion of  freight  shall  include  all  terminal  charges ;  and  the  rail- 
road of  a  corporation  shall  include  all  the  railroad  in  use  by  it, 
whether  owned  or  operated  under  a  contract  or  lease. 

Section  200.  A  railroad  corporation  which  violates  any  pro- 
vision of  the  four  preceding  sections,  in  addition  to  liability  for 
all  damages  sustained  by  reason  of  such  violation,  shall  for  each 
offence  forfeit  two  hundred  dollars,  which  shall  be  recovered  in 
an  action  of  tort  to  his  own  use  by  the  party  aggrieved,  or  to 
the  use  of  the  commonwealth  by  the  attorney-general  or  the  dis- 
trict attorney  of  the  district  in  which  such  violation  was  com- 
mitted ;  but  no  such  action  shall  be  maintained  unless  brought 
within  one  year  after  the  date  of  such  violation. 

Section  201.  A  railroad  corporation  shall  not  in  its  charges 
for  the  transportation  of  freight  or  in  the  conduct  of  its  freight 
business,  make  or  give  any  undue  or  unreasonable  preference 
or  advantage  to  or  in  favor  of  any  person,  firm  or  corporation, 
nor  subject  any  person,  firm  or  corporation  to  any  undue  or 
unreasonable  prejudice  or  disadvantage. 


Public  ware- 
housemen, 
lniu   licensed. 
1S60,  20G, 
§§   1.  11. 
1X79.  104. 
1SS0,  63. 
P    S.  72. 
§§1.  2.  13. 
1885,  1G7. 


Revised  Laws,  Chapter  60,  §  1. 
Section  1.  The  governor,  with  the  advice  and  consent  of  the  council, 
may  license  in  any  city  or  town  suitable  persons,  or  corporations  estab- 
lished under  the  laws  of  the  commonwealth  and  having  their  places 
of  business  within  the  commonwealth,  to  be  public  warehousemen. 
Such  warehousemen  may  keep  and  maintain  public  warehouses  for  the 
storage  of  goods,  wares  and  merchandise.  They  shall  give  bond  to  the 
treasurer  and  receiver  general  for  the  faithful  performance  of  their 
duties  in  an  amount  and  with  sureties  to  be  approved  by  the  governor, 


TRANSPORTATION    OF    MERCHANDISE. 


95 


and  may  appoint  one  or  more  deputies,  for  whose  acts  they  shall  he 
responsible.  A  railroad  corporation  which  is  licensed  as  a  public  ware- 
houseman shall  not  be  required  as  such  to  receive  any  property  except 
such  as  has  been  or  is  forthwith  to  be  transported  over  its  road  or  to 
give  sureties  on  its  bond. 

For  further  provisions  as  to  rights  and  liabilities  of  railroad  corpora- 
tions as  public  warehousemen,  see  other  sections  of  R.  L.  69. 


Revised  Laws,  Chapter  95,  §§  5,  6. 

Section  5.  When  a  common  carrier  has  transported  fresh  meats, 
fresh  fish,  shell  fish,  fruit  or  vegetables,  to  their  destination,  has  notified 
the  owner  or  consignee  of  their  arrival,  and  the  owner  or  consignee 
after  such  notice  refuses  or  omits  to  receive  and  take  them  away  and 
to  pay  the  freight  and  proper  charges  thereon,  said  carrier  may,  in  the 
exercise  of  a  reasonable  discretion,  sell  the  same  at  public  or  private 
sale  without  advertising,  and  the  proceeds,  after  deducting  the  amount 
of  said  freight  and  charges  and  expenses  of  sale,  shall  be  paid  to  the 
owner  or  consignee.  If  the  owner  or  consignee  on  reasonable  inquiry 
cannot  be  found,  the  sale  may  be  made  without  such  notice. 

Section  6.  If  goods  carried  by  a  raih'oad  company  or  in  a  steam 
or  sailing  vessel  are  not  called  for  by  the  owner  or  consignee  within 
one  year  after  the  date  of  their  receipt  at  the  city  or  town  to  which 
they  are  consigned,  they  may  be  sold  by  public  auction  for  the  charges 
of  transportation  due  thereon,  notice  of  the  time  and  place  of  sale 
first  being  given  by  publishing  the  same  three  days  in  each  of  three 
successive  weeks  in  a  newspaper,  if  any,  published  in  such  city  or 
town,  otherwise  in  the  newspaper  published  nearest  thereto.  The  pro- 
ceeds of  goods  so  sold,  after  deducting  costs  of  transportation,  storage, 
advertising  and  sale,  shall  be  placed  to  the  credit  of  the  owner  in  the 
books  of  the  company  or  owner  of  the  vessel  making  the  sale,  and 
shall  be  paid  to  the  owner  of  the  goods  on  demand. 


Perishable 
articles  trans- 
ported by  com 
mon  carriers 
may  be  sold. 
1857,  237. 
G.S.80,  §  5. 
P.  S.  96,  §  5. 


Sale  of  un- 
claimed goods. 
1866,  152. 
P.  S.96, 
§§  6,  7. 


Revised  Laws,  Chapter  212,  §§  73,  74. 

Section  73.  Railroad  corporations  shall  not  permit  animals  which 
they  are  carrying  or  transporting  to  be  confined  in  cars  longer  than 
twenty-eight  consecutive  hours  without  unloading  them  for  at  least 
five  consecutive  hours  for  rest,  water  and  feeding,  unless  prevented  by 
storm  or  accident.  In  estimating  such  confinement,  the  time  during 
which  the  animals  have  been  confined  without  such  rest  on  connecting 
roads  from  which  they  are  received  shall  be  included.  Animals  so 
unloaded  shall  during  such  rest  be  properly  fed,  watered  and  sheltered 
by  the  owner  or  person  having  the  custody  of  them,  or,  in  case  of  his 
default,  by  the  railroad  corporation  transporting  them,  at  the  expense 
of  said  owner  or  person  in  custody  thereof.  In  such  case  the  corpora- 
tion shall  have  a  lien  upon  such  animals  for  food,  care  and  custody 
furnished,  and  shall  not  be  liable  for  such  detention.  A  corporation, 
owner  or  custodian  of  such  animals  who  fails  to  comply  with  the 
provisions  of  this  section  shall  be  punished  by  a  fine  of  not  less  than 
one  hundred  nor  more  than  five  hundred  dollars.  The  provisions  of 
this  section  shall  not  apply  to  animals  carried  in  cars  in  which  they 
can  and  do  hnve  proper  food,  water,  space  and  opportunity  for  rest. 

Section  74.  A  person  found  violating  any  provision  of  sections 
seventy  and  seventy-three  may  be  arrested  ami  held  without  a  warrant 
as  provided  in  section  forly-stven;  and  the  person  making  an  arrest 
with  or  without  a  warrant  shall  use  reasonable  diligence  to  give  notice 
thereof  to  the  owner  of  animals  found  in  the  charge  or  custody  of  the 


Rest  for 
animals 
transported. 

1868,  212,  §  5. 

1869,  344,  §  3. 
1874,  372, 

§  142. 

P.  S.  207,  §  55. 

170  Mass.  44. 


Arrest  for 
cruelty  to 
animals. 
L869,  344,  5  4. 
P.  S.  207,  §  56. 


96 


TRANSPORTATION    OF    MERCHANDISE. 


person  arrested,  shall  properly  care  and  provide  for  such  animals 
until  the  owner  thereof  takes  charge  of  them,  not,  however,  exceeding 
sixty  days  from  the  date  of  said  notice  and  shall  have  a  lien  on  said 
animals  tor  the  expense  of  such  care  and  provision. 


Transporta- 
tion of  dead 

In. dies  regu- 
lated. 

L883,  L24,  j  ! 
IvsT,  335. 
1S97,  437,  §  ( 


Revised  Laws,  Chapter  78,  §  43. 

Section  43.  No  common  carrier  or  other  person  shall  convey  or 
cause  to  be  conveyed,  through  or  from  any  city  or  town  in  this  com- 
monwealth, the  body  of  any  person  who  has  died  of  small  pox,  scarlet 
lever,  diphtheria  or  typhus  fever  until  such  body  has  been  so  encased 
and  prepared  as  to  preclude  any  danger  of  contagion  or  infection  by 
its  transportation;  and  no  city  or  town  clerk,  or  clerk  or  agent  of  the 
board  of  health,  shall  give  a  permit  for  the  removal  of  such  body  until 
he  has  received  from  the  board  of  health  of  the  city  or  from  the  select- 
men of  the  town  in  which  the  death  occurred  a  certificate  stating  the 
cause  of  death,  and  that  said  body  has  been  prepared  in  the  manner 
prescribed  in  this  section,  which  certificate  shall  be  delivered  to  the 
agent  or  person  who  receives  the  body.  "Whoever  violates  the  provi- 
sions of  this  section  shall  forfeit  not  more  than  twenty-five  dollars. 


—  of  liquors 
into  no-license 
cities,  etc. 

L897,  271,§  1. 

172  Mass.  311. 


Revised  Laws,  Chapter  100,  §§  49,  50. 

Section  40.  Spirituous  or  intoxicating  liquor  which  is  to  be  trans- 
ported for  hire  or  reward  for  delivery  in  a  city  or  town  in  which 
licenses  of  the  first  five  classes  are  not  granted,  shall  be  delivered  by 
the  seller  or  consignor  to  a  railroad  corporation  or  to  a  person  or 
corporation  regularly  •  and  lawfully  conducting  a  general  express  busi- 
ness, in  vessels  or  packages  plainly  and  legibly  marked  on  the  outside 
with  the  name  and  address,  by  street  and  number,  if  there  be  such, 
of  the  seller  or  consignor,  and  of  the  purchaser  or  consignee,  and 
with  the  kind  and  amount  of  liquor  therein  contained.  Delivery  of 
such  liquors  or  any  part  thereof  by  a  railroad  corporation,  by  a  person 
or  corporation  regularly  and  lawfully  conducting  a  general  express 
business  or  by  any  other  person  to  a  person,  other  than  the  owner  or 
consignee,  whose  name  is  marked  by  the  seller  or  consignor  on  said 
vessels  or  packages,  or  at  any  other  place  than  is  thereon  marked,  shall 
be  deemed  to  be  a  sale  by  any  person  making  such  delivery  to  such 
person  in  the  place  in  which  such  delivery  is  made. 


R.  L.  ion. 

Amended. 


Acts  of  1907,  Chapter  517,  §  1. 
An  Act  relative  to  the  Registration  of  Carriers  of  Intoxicating  Liquors. 
Section  1.  Section  forty-nine  of  chapter  one  hundred  of  the  Revised 
Laws  is  hereby  amended  by  inserting  after  the  word  "  business  ",  in  the 
sixth  line,  the  words:  —  and  to  no  other  person  or  corporation,  —  by 
inserting  after  the  word  "  contained  ",  in  the  ninth  line,  the  words :  — 
No  person  or  corporation  not  regularly  and  lawfully  conducting  a 
general  express  business,  except  a  railroad  corporation  or  a  street  rail- 
way corporation  authorized  to  carry  freight  or  express,  shall  receive 
such  liquors  for  transportation  for  hire  or  reward  for  delivery  in  a 
city  or  town,  in  which  licenses  of  the  first  five  classes  are  not  granted, 
nor  transport  or  deliver  such  liquors  in  such  cities  or  towns,  —  and  by 
striking  out  the  words  "or  by  any  other  person",  in  the  twelfth  line, 
so  as  to  read  as  follows:  —  Section  49.  Spirituous  or  intoxicating 
liquor  which  is  to  be  transported  for  hire  or  reward  for  delivery  in  a 
city  or  town  in  which  licenses  of  the  first  five  classes  are  not  granted, 
shall  be  delivered  by  the  seller  or  consignor  to  a  railroad  corporation 


TRANSPORTATION    OF    EXPLOSIVES.  97 

or  to  a  person  or  corporation  regularly  and  lawfully  conducting  a 
general  express  business,  and  to  no  other  person  or  corporation,  in 
vessels  or  packages  plainly  and  legibly  marked  on  the  outside  with  the 
name  and  address,  by  street  and  number,  if  there  be  such,  of  the  seller 
or  consignor,  and  of  the  purchaser  or  consignee,  and  with  the  kind 
and  amount  of  liquor  therein  contained.  No  person  or  corporation 
not  regularly  and  lawfully  conducting  a  general  express  business, 
except  a  railroad  corporation  or  a  street  railway  corporation  authorized 
to  carry  freight  or  express,  shall  receive  such  liquors  for  transportation 
for  hire  or  reward  for  delivery  in  a  city  or  town,  in  which  licenses  of 
the  first  five  classes  are  not  granted,  nor  transport  or  deliver  such  liquors 
in  such  cities  or  towns.  Delivery  of  such  liquors  or  any  part  thereof  by 
a  railroad  corporation,  by  a  person  or  corporation  regularly  and  law- 
fully conducting  a  general  express  business  to  a  person,  other  than  the 
owner  or  consignee,  whose  name  is  marked  by  the  seller  or  consignor 
on  said  vessels  or  packages,  or  at  any  other  place  than  is  thereon 
marked,  shall  be  deemed  to  be  a  sale  by  any  person  making  such 
delivery  to  such  person  in  the  place  in  which  such  delivery  is  made. 

Section  50.     Every  railroad  corporation  and  every  person  or  corpo-   Record  of 
ration  regularly  and  lawfully  conducting  a  general  express  business,   to  be  kept. ' 
receiving   spirituous    or   intoxicating   liquor   for    delivery,    or   actually   1897, 271,  § 2* 
delivering  intoxicating  liquor  to  any  person  or  place  in  a  city  or  town 
described  in  the  preceding  section,  shall  keep  a  book,  and  plainly  enter 
therein  the  date  of  the  reception  by  it  or  him  of  each  vessel  or  package 
of  such  liquor  received  for  transportation,  and  a  correct  transcript  of 
the  marks  provided  for  by  said  section,  and  the  date  of  its  delivery 
by  it  or  him,  and  the  name  of  the  person  to  whom  it  was  delivered 
shall  be  signed  to  the  same  as  a  receipt;   and  said  book  shall  at  all 
times  be  open  to  the  inspection  of  the  officers  named  in  section  twenty- 
seven.     Such  officers  shall  not  make  public  the  information  obtained  by 
such  inspection  except  in  connection  with  the  enforcement  of  law. 

TRANSPORTATION  OF  EXPLOSIVES. 
Revised  Laws,  Chapter  102,  §§  96-105. 

Section  96.    No  person,  unless  on  military  duty  in  the  public  service  Explosives, 
of  the   United   States  or   of  this   commonwealth,   shall   keep,   have   or   is'tt k(> i6 '*  l 
possess,   in   a  building,   place,  vehicle   or  vessel,  within   one  rod  of  a  P.  S.  102,  §  59. 
dwelling  house,  any  explosive  in  quantity  exceeding  one-fifth  of  a  pound 
in  any  way  or  manner  prohibited  by  the  provisions  of  the  nine  following 
sections,  or  by  any  ordinance  or  by-law  which  may  be  made  in  accord- 
ance with  the  provisions  of  the  following  section. 

Section  97.    The  city  council  of  a  city  or  town  may  make  ordinances  —  manufac- 
and  by-laws,  not  inconsistent  with  the  provisions  hereof  or  with  rides  etc^'of*0"*86' 
made  by  the  hoard  of  railroad  commissioners  as  authorized  by  sec!  ion    f!*?,,  § }•   .  „ 

„  .  ^  10/  /,  Jib,  s   J. 

ninety-nine,  tor  the  protection  of  life  and  property,  relative  to  the  P.  s.  102,  §  60. 

1  ■  n  155  Mass  5T5 

keeping,   storage,    use,   manufacture   or   sale   of   explosives,   and   may  \Amended.  See 
regulate  the  transportation  thereof  through  the  streets  or  highways  of  °eU>wl 
such   city  or  (own,  and  affix  penalties  of  not  more  than  fifty  dollars 
for  each  violation  thereof. 

Section  98.     The  mayor  and  aldermen   and  the  selectmen,   respec-  —licenses  for 
tively,  may   license,   upon   such   terms   as   may   be   prescribed   in    such   s:i.lr_a,.v'  ,"^'."f- 
ordinances  or  by-laws,  the  keeping,  storage,  transportation,  use,  manu-   P. S.' 102.' §61. 
facture  or  sale  of  explosives  within  the  limits  of  such  city  or  town. 

SECTION  99.     No  railroad  corporation,  street  railway  company,  steam-   Transporta- 
boat  company  or  other  association,  partnership  or  person  engaged  in   ','""  nr-,!.'-:",,''!; 

°    °  icwl,  D,  SS  1.  o. 


98 


TRANSPORTATION    OF    EXPLOSIVES. 


1877.  216,  §  4. 
P.  S.  102,  §  62. 


Transporta- 
tion by  pas- 
senger carriers 
forbidden. 
1871,  6,  §  2. 
1877,  '-'16,  §  5. 
P.  S.  102,  §  63. 


Penalties. 
1871,  6,  §  4. 
L877,  -'16,  §  6. 
P.  8.  102,  §  64. 


Buildings  may 
be  entered  and 
examined,  etc. 
L877,  216,  §  9. 
P.  S.  102,  §  65. 


Damages  for 

injuries. 

L877,  :'.  16,  §  10. 

P.  S.  102,  §  66. 


Fire  commis- 

r  in 
Boston  may 
exercise 

powers. 

1877,  216,  §  11. 

P.  ,S.  102,  §  67 

"Explosive" 
defined. 
1877,216,  §  12 


i he  transportation  of  passengers  shall  knowingly  transport  any  ex- 
plosives, in  quantities  exceeding  the  amounts  hereinafter  provided  for, 
in  any  vehicle  containing  passengers,  or  in  any  vehicle  attached  to  a 
railroad  train  or  vehicle  conveying  passengers;  nor  in  any  case  unless 
such  explosives  are  plainly  and  legibly  marked  with  the  names  of  such 
explosives,  and  the  words  "explosive,  —  dangerous."  The  board  of 
railroad  commissioners  shall  from  time  to  time  make  rules  fixing  the 
maximum  amounts  of  various  explosives  which  may  be  so  carried  in  a 
pnhlic  vehicle  or  in  such  railroad  train  or  in  a  vehicle  attached  to  such 
train.  Such  rales  shall  also  define  the  method  of  packing  such  ex- 
plosives so  as  to  insure  the  greatest  safety,  and  shall  prescribe  how 
the  same  shall  be  carried  as  freight  on  railroads,  steamboats  and  by 
common  carriers;  and,  being  subscribed  by  the  railroad  commissioners, 
shall  be  published  once  in  each  of  four  successive  weeks  in  one  or  more 
daily  newspapers  published  in  the  cities  of  Boston,  Worcester  and 
Springfield;  and  a  copy  thereof,  certified  by  one  of  said  board,  and  a 
like  certificate  of  the  fact  of  their  due  publication,  shall  in  all  cases 
be  conclusive  proof  of  such  rules  and  of  the  proper  publication  thereof. 

Section  100.  No  person  shall  deliver  for  transportation  to  a  rail- 
road corporation,  street  railway  company  or  other  association,  partner- 
ship or  person  engaged  in  the  transportation  of  passengers  within  this 
commonwealth,  or  take  or  place  upon  or  in  a  car,  boat  or  other  vehicle 
of  such  corporation,  company,  association,  partnership  or  person,  with 
intent  that  the  same  shall  be  carried  or  transported  thereon,  any  such 
explosive,  unless  it  is  packed  and  marked  as  provided  in  the  preceding 
section  and  notice  of  the  dangerous  nature  thereof  is  expressly  given 
to  the  agent,  servant  or  person  to  whom  it  is  delivered,  or  to  the  agent, 
servant  or  person  having  at  the  time  the  management  and  control  of  the 
car,  boat  or  other  vehicle  in  or  upon  which  the  same  is  to  be  carried  or 
transported.  A  common  carrier  may  decline  to  receive  or  transport  any 
such  explosive  in  any  manner  whatever. 

Section  101.  Whoever  knowingly  violates  or  knowingly  causes  or 
permits  the  violation  of  any  provision  of  the  two  preceding  sections  or 
knowingly  transports  or  causes  or  permits  the  transportation  of  an  ex- 
plosive, in  violation  of  the  rules  made  by  the  board  of  railroad  com- 
missioners, shall  be  punished  by  a  fine  of  not  less  than  fifty  nor  more 
than  five  thousand  dollars  or  by  imprisonment  in  the  state  prison  for 
not  more  than  five  years. 

Section  102.  Any  person  who  is  duly  authorized  by  the  ordinances 
of  a  city  or  the  by-laws  of  a  town  may  enter  the  building  or  premises 
of  any  person  licensed  to  sell  explosives  and  examine  and  ascertain  if 
the  laws,  rules  and  regulations  relative  thereto  are  strictly  observed; 
and  upon  an  alarm  of  fire  may  cause  the  explosives  there  deposited  to 
be  removed  or  destroyed,  as  the  case  may  require. 

Section  103.  Whoever  suffers  injury  by  the  explosion  of  an  ex- 
plosive which  is  being  kept  or  transported  contrary  to  the  provisions  of 
this  chapter  or  of  ordinances,  rules  or  by-laws  made  as  provided  in 
sections  ninety-seven  and  ninety-nine  may  recover  damages  therefor 
in  an  action  of  tort  against  the  persons  who  so  violate  said  provisions. 

Section  104.  The  powers  conferred  on  the  city  council  of  a  city 
by  the  provisions  of  section  ninety-seven  may  be  exercised  in  the  city 
of  Boston,  if  the  city  council  of  said  city  so  determine,  by  the  fire 
commissioner  or  by  any  board  to  which  said  city  may  from  time  to 
time  by  ordinance  delegate  such  powers. 

Section  105.  The  word  "  explosive  "  or  "explosives",  as*  used  in 
sections   ninety-six    to    one   hundred    and    three,   inclusive,    and    section 


TRANSPORTATION    OF    MILK. 


99 


one  hundred  and  twenty,  shall  be  understood  to  include  gun  cotton, 
nitro  glycerine  or  any  compound  thereof,  and  any  fulminate  or  any 
substance  intended  to  be  used,  by  exploding  or  igniting  the  same,  to 
produce  a  force  to  propel  missiles  or  to  rend  apart  substances,  except 
gunpowder.* 

Acts  of  1905,  Chapter  280,  §  1. 

Section  1.  Chapter  three  hundred  and  seventy  of  the  acts  of  the 
year  nineteen  hundred  and  four  is  hereby  amended  by  striking  out  the 
first  three  sections  and  inserting  in  place  thereof  the  following :  — 
Section  1.  The  powers  and  duties  heretofore  conferred  and  imposed 
upon  cities  and  towns  and  the  mayors  and  aldermen,  city  councils  and 
selectmen  thereof,  by  chapter  one  hundred  and  two  of  the  Revised 
Laws,  to  regulate  the  keeping,  storage,  use,  manufacture,  sale,  handling, 
transportation  or  other  disposition  of  gunpowder,  dynamite,  crude 
petroleum  or  any  of  its  products,  or  explosive  or  inflammable  fluids 
or  compounds,  tablets,  torpedoes  or  any  explosives  of  a  like  nature,  or 
any  other  explosives,  except  fireworks  and  fire  crackers,  are  hereby 
conferred  and  imposed  upon  the  detective  and  fire  inspection  depart- 
ment of  the  district  police,  except  as  to  the  transportation  of  said  ex- 
plosives by  steam  railroads. 


P.  S.  102,  §  68. 
155  Mass.  533. 


Powers,  etc.,  to 
regulate  con- 
ferred upon 
district  police, 
except.    [iSee 
R.  L.,  la-', 
§§  97,  99, 
above.] 


STORAGE    OF    OILS,    ETC. 
Revised  Laws,  Chapter  102J  §  118. 
Section  118.     None  of  the  articles  named  in  sections  one  hundred   °lls  not. to 

.  ,  remain  in 

and  six  to  one  hundred  and  fourteen,  inclusive,  shall  be  allowed  to  streets. 
remain  in  a  street,  lane,  alley  or  travelled  way,  upon  a  wharf,  in  a  yard,  p.  s.'i02,'§  74. 
or  on  the  grounds  of  a  railroad  corporation,  in  a  city,  for  more  than 
twenty-four  hours  or  in  a  town,  for  more  than  forty-eight  hours, 
without  a  special  permit  from  the  mayor  and  aldermen  or  selectmen, 
or  from  a  person  authorized  by  them.  Whoever  so  keeps  such  articles 
for  a  longer  time  shall  be  punished  by  a  fine  of  not  more  than  fifty 
dollars  for  each  offence. 

Acts  of  1905,  Chapter  321. 
An  Act  relative  to  Trustee  Process. 
When  a  common  carrier,  summoned  as  trustee  in  an  action  at  law,   Common 
has  in  his  or  its  possession  goods  shipped  by  or  consigned  to  a  defendant   beTefdTable 
in  such  action,  such  carrier,  in  the  absence  of  collusion  or  fraud  on  his  in  certain 
or  its  part,  shall  not  be  held  liable  to  the  owner  or  consignee  by  reason 
of  his  or  its  failure  to  transport  and  to  deliver  said  goods   until   the 
attachment  is  dissolved  or  the  carrier  is  discharged  as  trustee.     [Ap- 
proved April  21,  1905. 


Transportation  of  Milk. 
Section  202.     A  railroad  corporation  shall  not  rceoivo,  for-  Transporta- 

i  -i    -i  •  .,,      •        i  .    .  .  „    .  tion  of  milk. 

ward  or  deliver  milk  in  large  quantities  over  any  portion  of  its  i879,206, 
lino,  or  permit  others  so  to  do,  under  contract,  lease  or  hiring  of  P. S.'  112. 
oars  or  otherwise,  without  at  the  same  time  providing,  :is  regards  1893/210,  §  1. 
time,  care  and  preservation  of  the  milk  and  the  return  of  the  fifc.111, 
empty  cans,  equal  facilities  and  advantages  for  receiving,  for- 

*  The  regulations  for  the  transportation  of  explosives  referred  to  in  R.  Ti.  102,  §  99  are 
stated  in  a  comprehensive  circular  issued  by  the  Board,  which  iu:iv  be  found  on  pages  204- 
215  of  the  annual  report  for  liXJG,  and  certain  modifications  appear  ou  pages  -.';{4  and  235  of 
the  annual  report  for  l'J07. 


100 


SUNDAY    TRAINS    AND    150ATS. 


Transportation 

of  milk, 
tariff  for. 
haw  fixed. 
1879,  206,  5  -'. 
P.  S.  112, 

L93. 
ism:;,  210,  §  2. 
R    L.  Ill, 
§  247. 
L58  .Mass.  1. 


Penalties. 
L879,  206,  §  3. 
P.  S.  11-', 
§  L94. 

1893,  210,  §  3. 
R.  L.  Ill, 
J  248. 


warding  and  delivering  milk  by  the  can  over  the  same  portion 
of  its  Line;  oor  without  establishing  a  tariff  for  the  milk  by  the 
can  which  is  fairly  proportionate  to  the  rate  which  it  charges  or 
receives  as  aforesaid  for  milk  in  large  quantities. 

Section  203.  Upon  the  petition  of  one  or  more  persons  who 
desire  to  forward  milk  by  the  can  over  any  railroad  or  any  por- 
tion or  portions  thereof,  the  board  of  railroad  commissioners, 
after  notice  to  the  railroad  corporation  and  a  hearing,  shall  as- 
certain and  compare  the  tariff  established  as  aforesaid  for  milk 
by  the  can  with  the  rate  charged  or  received  as  aforesaid  for 
milk  in  large  quantities  over  such  railroad  or  such  portion  or 
portions  thereof;  and  if  the  former  is,  in  the  jitdgment  of  said 
board,  unreasonably  high,  as  compared  with  the  latter,  said 
hoard  shall  revise  said  tariff  and  shall  fix  such  rate  for  milk 
by  the  can  as  in  its  judgment  is  fairly  proportionate  to  the  rate 
for  milk  in  large  quantities,  including  in  both  cases  the  same 
care  and  preservation  of  the  milk  and  the  return  of  the  empty 
cans,  as  aforesaid ;  and  shall  notify  the  corporation  in  wrriting 
of  the  rate  by  the  can  so  fixed  over  snch  railroad  or  such  portion 
or  portions  thereof;  but  milk  received  by  one  railroad  corpora- 
tion from  another  shall  not  be  considered  as  received  at  the 
point  of  junction  of  the  two  railroads,  in  comparing  and  fixing 
as  aforesaid  the  rate  for  milk  by  the  can  tendered  at  such  point 
of  junction. 

Section  204.  A  railroad  corporation  which  refuses  or  neg- 
lects to  receive,  forward  or  deliver  milk  by  the  can  over  its  rail- 
road or  any  portion  thereof  at  the  tariff  rate  therefor,  as  pro- 
vided in  the  preceding  section,  shall  forfeit  to  the  person  who 
tenders  the  same  five  dollars  for  each  and  every  can  of  milk 
which  it  so  refuses  to  receive  or  neglects  to  forward  and  deliver 
at  the  said  tariff  rate. 


FROM  SUNDAY  OBSERVANCE  LAW. 


Prohibition  as 
to  Lord's  day, 
of  labor,  etc., 

of  necessity, 

e.  I..  133, 
SS  1.  2. 

1692-3,  22,  §  1. 
1716-7,  13,  j  1. 
1727   8,  5, 
i§    1.   1- 
1760-1,  20, 

17N_\  23,  ?  1. 
L791,  58,  L. 
1796,  89.  I  1. 
R.  S.  50,  §  1. 


Revised  Laws,  Chapter  98,  §§  2,  3,  10,  11,  14,  15,  17. 
Sectiox  2.  Whoever,  on  the  Lord's  day,  keeps  open  his  shop,  ware- 
house or  workhouse,  or  does  any  manner  of  labor,  business  or  work, 
except  works  of  necessity  and  charity,  or  takes  part  in  any  sport, 
game,  play  or  public  diversion,  except  a  concert  of  sacred  music  or  an 
entertainment  given  by  a  religious  or  charitable  society  the  proceeds 
of  which,  if  any,  are  to  be  devoted  exclusively  to  a  charitable  or  re- 
ligious purpose,  shall  be  punished  by  a  fine  of  not  more  than  fifty 
dollars  for  each  offence;  and  the  proprietor,  manager  or  person  in 
charge  of  such  game  sport,  play  or  public  diversion,  except  as  afore- 
said, shall  he  punished  by  a  tine  of  not  less  than  fifty  nor  more  than 
five  hundred  dollars   for  each  offence.  G.  S.  84,  §  l.  1862,152. 


Certain  busi- 
oot  pro- 
hibited. 


1863,  143. 
P.  S,  98,  §  2. 
1S95.  434,  §  2. 
L2  Met.  24. 
L3  Met.  284. 
2  Cush.  556. 
4  Cush.  24:?. 
lo  Cush.  257. 
8  Gray,  384,  553. 


11  Gray,  308. 
15  Gray,  433. 

9  Allen,  lis.  452. 

10  Allen,   IS. 

11  Allen.  209 

12  Allen,    is?. 

13  Allen.  559. 
97  Mass.  45,  166, 
407,  411. 


101  Mass.  30,  366. 
103  Mass.  1S8. 

107  Mass.  251,  439. 

108  Mass.  517. 

112  Mass.  368,  467. 
117  Mass.  142. 

127  Mass.  123. 

128  Mass.  148. 
131  Mass.  546. 


143  Mass.  28,  167. 

144  Mass.  362,  363. 

145  Mass.  99,  353. 
155  Mass.  543. 
159  Mass.  101. 
168  Mass.  519. 
170  Mass.  561. 
125  U.  S.  555. 


Section   3.      The   provisions  of  the   preceding  section   shall   not   be 
held   to    prohibit   the   manufacture   and   distribution   of   steam,   gas   or 


CONNECTING    RAILROADS.  101 

electricity   for   illuminating   purposes,  heat  or  motive   power,   nor   the   issr,,  s_>. 
distribution  of  water  for  tire  or  domestic  purposes,  nor  the  use  of  the   J§||;  fll-  8  J 
telegraph  or  the  telephone,  nor  the  retail  sale  of  drugs  and  medicines,    i<s'J5,  r.;i,  §  2. 

191)0     1  10 

nor  articles  ordered  by  the  prescription  of  a  physician  or  mechanical  i90i!80. 
appliances  used  by  physicians  or  surgeons,  nor  the  retail  sale  of  tobacco   \^q  JJaa 
in  any  of  its  forms  by  licensed  innholders,  common    victuallers,  drug-    l76Mass.5, 
gists  and  newsdealers  whose  stores  are  open  for  the  sale  of  newspapers 
every  day  in  the  week,  nor  the  letting  of  horses  and  carriages  or  of 
yachts  and  boats,  nor  the  running  of  steam  ferry  boats  on  established 
routes,   nor  the   running  of  street    railway   cars,   nor  the   preparation, 
printing  and  publication   of  newspapers,  nor  the  sale  and  delivery  of 
newspapers,  nor  the  wholesale  or  retail  sale  and  delivery  of  milk,  nor 
the  transportation  of  milk,  nor  the  making  of  butter  and  cheese,  nor 
the   keeping  open   of   public   bath   houses,   nor  the   making  or  selling 
by  bakers  or  their  employees,  before  ten  o'clock  in  the  morning  and 
between    the   hours   of   four  o'clock   and   half   past   six    o'clock   in    the 
evening,  of  bread  or  other  food  usually  dealt  in  by  them,  nor  the  carry- 
ing on  of  the  business  of  bootblacks  before  eleven  o'clock  in  the  fore-   • 
noon. 

Section  10.    Prosecutions  for  penalties  incurred  under  the  preceding  Prosecutions, 
provisions  of  this  chapter  shall  be  commenced  within  six  months  after  instituted.6 
the  offence  was  committed.  R.  S.  50,  §  11.  1815,135. 

G.  S.84,  §  10.  P.  S.98,  §  8. 

Section  11.     Sheriffs,  constables  and  grand  jurors  shall  inquire  into   Sheriffs,  etc., 
and  inform  of  all  offences  against  the  provisions  of  this  chapter,  and   offences, 
cause  the  same  to  be  enforced.  1727-8,  5,  §  5. 

1791,  58,  §§  10,  12.  R.  S.  50,  §9.  G.S.  84,  §8.  P.  S.  98,  §  9. 

Section  14.     The  board  of  railroad  commissioners  may  authorize  the  Rule  as  to 

running,  on  the  Lord's  day,  of  such   steamboat   lines  and  such   trains  fines'and 

upon  any  railroad,  as,  in  the  opinion  of  the  board,  the  public  necessity  iggj^iig 

and  convenience  require,  having  regard  to  the  due  observance  of  the  P. S.98,  §15. 

,  l  &        &  1887,391,  §  3. 

day. 

Section  15.     The  board  of  railroad  commissioners  may,  if  in  their  — as  to  steam- 
opinion  the  public  necessity,  convenience,  health  or  welfare  so  requires,   1897,389. 
authorize  the  running  of  steamboats  on  the  Lord's  day  for  the  entire 
year  or  any  pari  thereof,  upon  such  conditions  as  they  deem  judicious  to 
prevent  disorderly  conduct  or  the  disturbance  of  public  worship;  and 
may  at  any  time  revoke  such  authority. 

Section  17.     The  provisions  of   this  chapter  shall  not  constitute  a   This  chapter 
defence  to  an  action  for  a  tort  or  injury  suffered  by  a  person  on  the   1877,232. 

Lord's   day.  1884,37.  140  Mass.  199.  165  Mass.  346.  125  U.  S.  555.  P- S.  98,  §  3. 


CONNECTING    RAILROADS. 

Section  205.     If  a  railroad  constructed  after  the  eighth  day  Connecting 

of  April  in  the  your  eighteen  hundred   and  seventy-two  moots  paniesmayuse 

another  railroad  which  terminates  in  the  same  city  or  town,  or  roads0*  ei  a 

Lawfully  crosses  another  railroad  at  the  same  level   therewith,  ||4i,'2.91' 

the  corporation  by  which  either  of  said  railroads  is  owned  may  iji,'!91, 

enter  its  railroad  upon,  unite  the  same  with  and  use  the  rail-  §§ fis^iio 

road  of  the  other;  if  a  railroad  constructed  after  said  day  meets  j^  '■/':}■ $  1->; 

another  railroad    which   passes  through   the  same  city  or  town,  1874,372, 

the  corporation  by  which  either  of  said  railroads  is  owned  may,  I876,"i82. 

with  the  written  consenl  of  the  board  of  railroad  commissioners  r'.l.  111,5272. 

and   upon  such  terms  as   said   hoard   upon   hearing  prescribes,  I2  Gray' 393, 


102 


CONNECTING    RAILROADS. 


Compensation 
for  drawing 
cars,  etc. 
L845,  L91,  §  '-'. 
is:. 7.  291, 
§5  1.  3 

G.S.  63,  §  117 
1874,  372, 
§  166. 
P.  S.  112, 
§  217. 
R.  L.  Ill, 
§  273. 

12  Gray,  393. 
14  Allen,  469. 


—  determina- 
tion of  rates  of, 
1845,  191, 
§§  2    I. 

1857,  291,  §  2. 

1858,  10. 
G.S.  63, 

S§  117,  118. 
1869,  40S,  §  5. 
1872,  180,  §  4. 
1874,  372, 
§  167. 
P.  S.  112, 
§  218. 
R.  L.  Ill, 
§  274. 

9  Cush.  369. 
1  l  Gray,  253, 
266. 


enter  its  railroad  upon,  unite  the  same  with  and  use  the  rail- 
road of  the  oilier;  and  if  a  railroad  corporation  whose  railroad 
was  constructed  prior  to  said  day  is  specially  authorized  to 
enter  its  railroad  upon,  unite  the  same  with  and  use  the  rail- 
road of  another  corporation,  each  of  such  corporations  may  enter 
upon,  unite  its  railroad  with  and  use  the  railroad  of  the  other; 
but  no  locomotive  engine  or  other  motive  power  which  is  not 
owned  and  controlled  by  the  corporation  owning  or  lawfully 
operating  the  railroad  shall  be  allowed  to  run  upon  a  railroad 
except  with  the  consent  of  such  corporation. 

Section  200.  If  two  corporations  are  authorized  as  in  the 
preceding  section  each  to  enter  with  its  railroad  upon,  unite  the 
same  with  and  use  the  railroad  of  the  other,  each  of  them  shall 
at  reasonable  times  and  for  a  reasonable  compensation  draw 
over  its  railroad  the  passengers,  merchandise  and  cars  of  the 
other,  and  each  of  them  shall  for  a  reasonable  compensation 
provide  upon  its  railroad  convenient  and  suitable  station  ac- 
commodations for  the  passengers  and  merchandise  of  the  other 
corporation  passing  to  and  over  it,  and  shall  receive  and  deliver 
the  same  in  the  manner  in  which  it  receives  and  delivers  its 
own  passengers  and  freight. 

Section  207.  If  the  corporations  cannot  agree  upon  the 
stated  periods  at  which  the  cars  of  one  shall  be  drawn  over  the 
railroad  of  the  other,  and  upon  the  compensation  to  be  paid 
therefor,  or  upon  the  terms  and  conditions  upon  which  accom- 
modations shall  be  furnished  for  the  passengers  and  merchan- 
dise of  the  other,  or  if  two  corporations  operating  railroads  of 
different  gauges  cannot  agree  as  to  the  requisite  terminal  ac- 
commodations, or  as  to  the  manner  in  which  freight  and  pas- 
sengers shall  be  transferred  from  one  railroad  to  the  other  and 
forwarded,  the  board  of  railroad  commissioners,  upon  the  peti- 
tion of  either  party  and  after  notice  to  the  other,  shall  hear  the 
parties,  and  determine,  having  reference  to  the  convenience  and 
interest  of  the  corporations  and  of  the  public  to  be  accommo- 
dated thereby,  the  stated  periods  for  drawing  cars,  the  compen- 
sation therefor,  the  terms  and  conditions  for  passengers  and 
merchandise,  or  the  requisite  terminal  accommodations  and  man- 
ner of  transferring  passengers  and  freight  as  aforesaid ;  and, 
upon  the  application  of  either  party,  shall  determine  all  ques- 
tions between  the  parties  relative  to  the  transportation  of  freight 
and  passengers  and  other  business  upon  and  connected  with 
said  railroads  in  which  they  are  jointly  interested  and  the  man- 
ner in  which  the  business  shall  be  done,  and  shall  apportion  to 
the  corporations  their  respective  shares  of  the  expenses,  receipts 
and  income  of  the  same ;  and  the  award  of  the  board  of  rail- 
road commissioners  shall  be  binding  upon  the  respective  cor- 
porations for  one  year  and  thereafter  until  the  said  board  re- 
vises the  same ;  and  the  compensation  of  said  board  for  services 
and  expenses  under  the  provisions  of  this  section  shall  be  paid 
by  the  respective  corporations  in  such  proportions  as  said  board 
shall  determine  and  set  forth  in  its  award.     Upon  the  request 


TAXATION.  103 

in  writing  of  a  party  affected  thereby,  filed  with  said  board 
within  thirty  days  after  the  rendering  thereof,  the  award  shall 
be  filed  in  the  supreme  judicial  court  which  shall  have  jurisdic- 
tion to  revise  it  as  if  it  had  been  made  by  a  commission  ap- 
pointed by  said  court. 

Section  208.     A  railroad  corporation  which  is  created  by  connecting 

l-iiini  •    i  i  •     •  1         '       roads  char- 

the  laws  of  another  state  shall  have  all  the  rights  and  privileges  tered  by  other 

St  'it t*s 

relative  to  connecting  railroads,   under  the   provisions  of  the  i860, 201. 
three  preceding  sections,  of  a  corporation  which  is  created  by  p.  s.  112, 5219.' 
the  laws  of  this  commonwealth.  R.   .111,5  75. 

Section  209.     Twto  railroad  corporations,  which  are  incor-  Connecting 
poratcd  under  the  laws  of  this  commonwealth,  and  whose  rail-  may  contract 
roads  enter  upon  or  connect  with  each  other,  may  contract  that  perform  ail 
either  corporation  shall  perform  all  the  transportation  upon  and  ^T^other? 
over  the  railroad  of  the  other ;  and  any  such  corporation  may  ||3f-l399' 
lease  its  railroad  to  any  other  such  corporation;  but  the  facili-  iififf'ne. 
ties  for  travel  and  business  on  either  of  the  railroads  of  said  Jf7,!'^0/5  I- 
corporations  shall  not  thereby  be  diminished.     Such  leases  shall  i87i,;372, 

i  it  i  ...       §  170. 

be  upon  such  terms  as  the  directors  agree,  and  as  a  majority  m  1880,205,  §  1. 
interest   of  the   stockholders   of  both   corporations   at   meetings  §§220,221. 

n     1   £        xi  1  •      4.   4.      4.1  '    '  £  1894,  506,  §  1. 

called  for  the  purpose  approve,  subject  to  the  provisions  ot  sec-  r.  l.  m, 

tion  [two  hundred  and  seven.]  sixty-seven  of  Part  I  of  this  act.  ir/cfrky,  103. 

The    income    arising    from    such    contracts    or   leases    shall    be  |  £{}^  f^\ 

subject  to  the  provisions  of  law  relative  to  the  right  of  the  ^Oj?" A G- 

commonwealth  to  purchase  the  railroads  of  the  railroad  corpora-  Amended 

1  1       •  -1-1         •  1  1  •  ii)U/,  oso. 

tions  or  to  reduce  their  tolls,  111  the  same  manner  as  that  aris-  [For- Merger" 
ing  from  the  use  of  the  railroads.  Copies  of  such  contracts  or  pages  so-ss.] 
leases  shall  be  deposited  with  the  board  of  railroad  commission- 
ers, and  full  statements  of  the  facts  shall  be  set  forth  in  the 
next  annual  return  of  such  corporations.  The  provisions  of  this 
section  shall  not  authorize  a  lease  or  contract  between  two  rail- 
road corporations,  each  of  which  has  a  terminus  in  the  city  of 
Boston.  The  railroads  of  two  railroad  corporations  shall  be 
considered  to  enter  upon  or  connect  with  each  other,  within  the 
meaning  of  this  section,  if  one  of  such  railroads  enters  upon, 
connects  with,  or  intersects  a  railroad  leased  to  the  other  or 
operated  by  it  under  a  contract  as  herein  authorized. 

Section  210.     A  railroad  corporation  shall  not  lease  or  con-  Term  of  lease 

.  .  .  not  to  exceed 

tract  for  the  operation  of  its  railroad  for  a  period  of  more  than  ninety-nine 

...  r     i  i  i  years,  etc. 

ninety-nine  years  without  the  consent  ot  the  general  court;  hut    1880,205,§2. 
the  provisions  of  this  section   shall  not  render  invalid   a   lease  §222. 
which  was  approved  by  the  stockholders  of  a  corporation  before  s  277.     ' 
the  first  day  of  July  in  the  year  eighteen  hundred  and  eighty. 

TAXATION. 

Corporate  Franchise  Tax. 
Section  211.     Every   railroad  corporation  organized  under  Annual 

•    _  r       _...-..  returns  to  tax 

general  or  special  laws  of  the  commonwealth,  m  addition  to  all   cornmissioner. 

'.,,.,  ...  hi  1         •  1864,  -'(is, 

returns  required  by  its  charter,  shall  annually,  between  the  arsl   §|  2,  3. 

and  tenth  days  of  May,  return   to  the  tax  commissioner,  under   Issii;  ni[  I'-/. 


104 


TAXATION*. 


P.  S.  13,  §  3S. 
Is--.-..  238.  §  1. 
L886,  270. 
1888,  U3,  §  24. 
1898,   117;  578, 

K.  L.  1  I 

12  Allen,  75. 

98  Mas 

L39  Mass.  561. 
1  H  Mass   598. 
1  16  Mass    '08. 
17,7  Mass.  70. 
[1  Op.  A  G. 


i  up. 
!78.f 


Valuation  of 
corporate  fran- 
chise,  etc. 
1  (eductions. 

1864,  208, 
§§  5.  6. 

1865,  283, 

1880,  117,  §  2. 
P.  S    13, 
§§  39,  40. 

1885,  238,  §  1. 

1886,  270. 
1898,417. 

R.  L.  14,  §  38. 
13  Allen,  391 
98  .Mass.  19,  25. 
100  Mass.  184, 

127, Mass.  568. 
137  Mass  80. 
139  Mass.  561. 

Ill  Mass.  598. 
1  16  Mas  his. 
152  Mass.  372. 
157  Mass.  70. 
1(17  Mass.  522. 
163  U.S.  1. 


Corporation  to 
appeal  from 
local  valua- 
tion, when. 
1865,  283,  §  6. 
P  S.  13,       ii 
189  '.  I    • 
1898,  117. 
R.  L.  14,  §  39. 


Tax  to  be  paid 
on  corporate 
hise. 

Kate,   how  de- 

ined. 

1864,  208,  §  5. 

1865,  283,  $  5. 
1880,  M7.i  2. 
P   .-    13,  §  40. 

1885,  2138,  §  1. 

1886,  270. 
1888,  413,  §  24. 
1898,  117. 

1!.  I..  14,  §  40. 
12  Allen,  75, 
298. 

98  Mass.  19,25. 

99  Mass.  146, 
■151. 

105  Mass.  527. 


the  oath  of  its  treasurer,  a  complete  list  of  its  shareholders, 
their  resiliences,  the  number  of  shares  belonging  to  each,  the 
amount  of  the  capital  stock  of  the  corporation,  its  place  of  busi- 
ness and  the  par  value  and  market  value  of  the  shares  made  up 
''  said  first  day  of  May.  If  stock  is  held  as  collateral 
security,  such  return  shall  state  the  name  and  residence  of  the 
pledgor  and  of  the  pledgee.  It  shall  also  contain  a  statement 
in  detail  of  the  works,  structures,  real  estate  and  machinery 
owned  hv  said  corporation  and  subject  to  local  taxation  within 
the  commonwealth,  and  of  the  location  and  value  thereof.  A 
railroad  corporation,  whether  chartered  or  organized  in  this 
commonwealth  or  elsewhere,  shall  also  state  in  its  return  the 
whole  length  of  its  lines,  and  so  much  of  the  length  of  its  lines 
as  is  without  the  commonwealth. 

Section  212.  The  tax  commissioner  shall  ascertain  from  the 
returns  or  otherwise  the  true  market  value  of  the  shares  of  each 
railroad  corporation,  and  shall  estimate  therefrom  the  fair  cash 
value  of  all  of  said  shares  constituting  its  capital  stock  on  the 
preceding  first  day  of  May,  which,  unless  by  the  charter  of  the 
corporation  a  different  method  of  ascertaining  such  value  is  pro- 
vided, shall,  for  the  purposes  of  this  act,  be  taken  as  the  true 
value  of  its  corporate  franchise.  From  such  value  there  shall  be 
deducted,  in  case  of  a  railroad  corporation,  whether  chartered 
or  organized  in  this  commonwTealth  or  elsewhere,  so  much  of 
the  value  of  its  capital  stock  as  is  proportional  to  the  length  of 
that  part  of  its  line,  if  any,  lying  without  the  commonwealth ; 
and  also  the  value  of  its  real  estate  and  machinery  subject  to 
local  taxation  within  the  commonwealth. 

For  the  purposes  of  this  section,  the  tax  commissioner  may 
take  the  value  at  which  such  real  estate  and  machinery  is  as- 
sessed at  the  place  where  it  is  located  as  the  true  value,  but 
such  local  assessment  shall  not  be  conclusive  of  the  true  value 
thereof. 

Section  213.  The  tax  commissioner  may  require  the  cor- 
poration to  prosecute  an  appeal  from  the  valuation  of  its  real 
estate  or  machinery  by  the  assessors  of  a  city  or  town,  either  to 
the  county  commissioners  or  to  the  superior  court,  wdiose  deci- 
sion shall  be  conclusive  upon  the  question  of  value.  Upon  such 
appeal  the  tax  commissioner  may  be  heard,  and  in  the  superior 
court  costs  may  lie  awarded  as  justice  requires. 

Section  214.  Every  railroad  corporation  shall  annually  pay 
a  tax  upon  its  corporate  franchise,  after  making  the  deductions 
provided  for  in  section  two  hundred  and  twelve,  at  a  rate  de- 
termined by  an  apportionment  of  the  whole  amount  of  money  to 
be  raised  by  taxation  upon  property  in  the  commonwealth  dur- 
ing the  same  year  as  returned  by  the  assessors  of  the  several 
cities  and  towns  under  the  provisions  of  section  ninety-three  of 
chapter  twelve  of  the  Revised  Laws  upon  the  aggregate  valua- 
tion of  all  cities  and  towns  for  the  preceding  year  as  returned 
under  sections  sixty  and  sixty-one  of  said  chapter;  but  if  the 
return  from  any  city  or  town  is  not  received  prior  to  the  twen- 


TAXATION*.  105 

tieth  dav  of  August,  the  amount  raised  bv  taxation  in  said  city  135  Mass.  569. 

J ,,  ,      °  ,.  L.r>     i    .  -i  j-    137  Mass.  SO. 

or  town  for  the  preceding  year,  as  certified  to  said  secretary  or    1.39  Mass.  561. 
the  commonwealth,   may   be   adopted  for   the   purpose   of   this  i57MaS!70. 
determination.     The  amount  of  tax  assessed  upon  polls  for  the  ewaiS! *,563 2. 
preceding  year,  as  certified  to  said  secretary,  may  be  taken  as  i~8U.s.  120. 
the  amount  of  poll  tax  to  be  deducted  from  the  whole  amount  to 
be  raised  by  taxation,  in  ascertaining  the  amount  to  be  raised 
upon  property. 

Revised  Laws,  Chapter  12,  §§  61,  93. 

Sectiox  61.     The  assessors  of  cities  and  towns,  except  the  city  of  ^fju^1^. 

Boston,  shall,  on  or  before  the  first  day  of  October  in  the  year  nineteen  posit  with  the 

hundred  and  four  and  in  every  third  year  thereafter,  deposit  in  the  thTcommon- 

office  of  the  secretary  of  the  commonwealth,  in  books  to  be  by  him  pro-  ^e^k  c°PJes 

vided  for  the  purpose,  a  copy  of  the  assessors'  valuation-books  of  those  books, 

years,  to  be  by  them   certified  under  oath.      Said  assessors  shall  also  is64;2io]§i! 

annually,  on  or  before  the  first  day  of  October,  and  the  assessors  of  the  fgj^g1!.5  55' 

city  of  Boston,  on  or  before  the  first  day  of  November,  in  like  manner  1S94, 318. 
deposit  an  attested  copy  of  the  table  of  aggregates  required  by   the 
provisions  of  the  preceding  section. 

Section  93.    Assessors  shall  annually,  on  or  before  the  first  Monday  Returns  to  tax 

of  August,  return  to  the  tax  commissioner  the  names  of  all  corporations,  of  "corp^ra"^ 

except  banks  of  issue  and  deposit,  having  a  capital  stock  divided  into  v™^'n\yJnd 

shares,  chartered  bv  the  commonwealth  or  organized  under  the  general  taxes  laid. 

laws   for  the  purposes   of  business  or  profit   and   established  in   their  1S65;  t^ 

respective  cities  and  towns  or  owning  real  estate  therein,  and  a  state-  I?!'**" 

ment  in  detail  of  the  works,  structures,  real  estate  and  machinery  owned  §§  86,  87. 

■  13  Allen    391 

by  each  of  said  corporations  and  situated  in  such  city  or  town,  with 
the  value  thereof,  on  the  first  clay  of  May  preceding,  and  the  amount 
at  which  the  same  is  assessed  in  said  city  or  town  for  the  then  current 
year.  They  shall  also,  at  the  same  time,  return  to  the  tax  commissioner 
the  amount  of  taxes  laid,  or  voted  to  be  laid,  within  said  city  or  town, 
for  the  then  current  year,  for  state,  county  and  town  purposes.  If 
the  assessors  neglect  to  comply  with  the  requirements  of  this  section, 
each  assessor  so  neglecting  shall  forfeit  one  hundred  dollars. 

Section  w21."».     Tf  the  value  of  the  real  estate  and  machinery  Remedy  of 
of  a  railroad  corporation  subject  to  local   taxation  within  the  when  assess- 
common wealth,  as  determined  by  (he  tax  commissioner,  is  less  oPreafeste'te 
than  the  value  thereof  as  determined   by  the  assessors  of  the  commission- 
place  where  it  is  situated,  he  shall  give  notice  of  his  determine  '^y  283  §6 
tion  to  such  corporation;  and,  unless  within  one   month   after  {^ ',; 
the  date  of  such  notice  it  applies  to  said  assessors  \'<>v  an  abate-  R- l'ju,  § 42. 

,  .  '  '  137  Mass,  81 . 

ment,  and,  upon  their  refusal  to  grant  an  abatement,  prosecutes   L46 Mass. 403. 
an  appeal  under  the  provisions  of  section  seventy-seven  of  chap-  i67Mass!522! 
ter  twelve  of  the  Revised  Laws,  giving  notice  thereof  to  the  tax 
commissioner,  the  valuation  of  said  commissioner  shall  be  con- 
clusive upon  said  corporation. 

Revised  Laws,  Chapter  12,  §  77. 

Section  77.    A  person  aggrieved  by  the  refusal  of  assessors  to  abate  Appeal  to 

a  tax  may,  within  thirty  days  after  receiving  the  notice  provided  in  (lie  I™^„'," 

preceding  section,  appeal  therefrom  by  filing  a  complaint  with  the  clerk  I'^n'fn' 

of  the  county  commissioners,  or  of  any  board  exercising  the  powers  of   h'.s'  7, 

J  J  *  §§39,40. 


106 


EXEMPTION'    AND    APPORTIONMENT. 


1853,  319,  5  3. 
L857,  306,  §  3. 
G.  S.  11, 
5,  16. 
11, 
.  S  71,  72. 
1882,  218. 
8  Cush.  55. 

ti  Allen.   131. 
11  1   Ma 

152  Mass.  372, 

L55  Mass.  313. 
159  Mass.  383. 


Exemption 
from  local 
taxation. 

Apportion- 
ment. 
L864,  208, 
§§  8,  15. 
lsc,.-,.  l's:j.  §  i.-, 
lStiO,  201.  S  2. 
P   -    13,  §  57. 
L887,  228. 
L888,  113.  §  23, 
1898,  417;  578, 
§§  4.  26. 
1900,  413,  ?  5. 
1901,413,  *  4. 
R.  L.  14,  §  61. 
135  Mass.  569. 
139  Mass.  559. 


Assessment 

of  personal 

1830,  151,  §  2. 

i;  S.  7. 

10. 
1839,  139.  §  2. 
G.S.  11,  §  12. 
P.  S.  11,  |   20. 


Property  of 
persons  under 
guardianship. 
R    S   7.  §  in, 
cl.4. 

L855,  106. 
1859,  2.58. 
G.S.  11,  §  12, 
cl.4. 

"i  V. 

R.  S.  7,  §  10, 

.-I    .',. 

G.S.  11,  §  12, 

cl.  5. 

P.  S.  11,  §  20, 

cl.  5. 

1894,  490. 

5  Cu-h.93. 

,   132. 

6  Allen,  277. 


such  commissioners,  for  (he  county  in  which  the  property  taxed  is 
situated,  and  it'  upon  a  hearing  the  board  finds  that  the  property 
has  heon  overrated,  it  shall  make  a  reasonable  abatement  and  an  order 
as  to  costs.  If  the  list  required  to  be  brought  in  to  the  assessors  was 
not  brought  in  within  the  time  specified  in  the  notice  required  by  sec- 
tion forty-one,  the  tax  shall  not  be  abated  unless  the  appellate  board 
finds  that  there  was  good  cause  for  the  delay  or  unless  the  assessors 
have  so  found  as  provided  in  section  seventy-four.  No  costs  shall  be 
allowed  to  a  complainant  who  has  failed  to  file  a  list  as  required  by 
law. 

Exemption  and  Apportionment. 

Section  216.  Xo  taxes  shall  be  assessed  in  a  city  or  town 
for  state,  county  or  town  purposes,  upon  the  shares  in  the  cap- 
ital stock  of  a  railroad  corporation  for  any  year  for  which  it 
nays  to  the  treasurer  and  receiver  general  a  tax  on  its  corporate 
franchise.  Such  proportion  of  the  tax  collected  of  each  rail- 
road corporation  as  corresponds  to  the  proportion  of  its  stock 
owned  by  persons  residing  in  this  commonwealth  shall  be  dis- 
tributed, credited  and  paid  to  the  several  cities  and  towns,  in 
which,  from  the  returns  or  other  evidence,  it  appears  that  such 
persons  resided  on  the  preceding  first  day  of  May,  according  to 
the  number  of  shares  so  held  in  such  cities  and  towns  respec- 
tively. If  stock  is  held  by  co-partners,  guardians,  executors, 
administrators  or  trustees,  the  proportion  of  tax  corresponding 
to  the  amount  of  stock  so  held  shall  be  credited  and  paid  to  the 
cities  and  towns  where  the  stock  would  have  been  taxed  under 
the  provisions  of  clauses  four,  five,  six  and  seven  of  section 
twenty-three  and  section  twenty-seven  of  chapter  twelve  of  the 
Revised  Laws.  If  a  city  or  town  owns  such  stock,  a  return  to 
said  city  or  town  shall  be  made  as  if  it  were  owned  by  persons 
resident  therein. 

Revised  Laws,  Chapter  12,  §  23,  cl.  4-7,  §  27. 
Section  23.     All  personal   estate,   within   or   without   the  common- 
wealth, shall  be  assessed  to  the  owner  in  the  city  or  town  in  which  he  is 
an  inhabitant  on  the  first  day  of  May,  except  as  provided  in  chapter 
fourteen  and  in  the  following  clauses  of  this  section :  — 


I  Met.  242,  250. 
4  Met.  181. 

in  Cush.  65. 

II  Cush.  362. 
3  Gray,  494. 
6  Gray,  579. 


7  Grav.  277. 
9  Gray,  433. 

13  Grav,  488. 

16  Gray,  292,  337. 
9  Allen,  246. 

14  Allen,  366. 


103  Mass.  279. 

104  Mass.  587. 
109  Mass.  270. 
112  Mass.  384. 

124  Mass.  143. 

125  Mass.  348. 


126  Mass.  161,  166. 

131  Mass.  424. 

132  Mass.  93. 
135  Mass.  258. 
137  Mass.  332. 
158  Mass.  461. 


Fourth,  Personal  property  belonging  to  persons  under  guardianship 
shall  be  assessed  to  the  guardian  in  the  city  or  town  of  which  the  ward 
is  an  inhabitant  unless  the  ward  resides  and  has  his  home  without  the 
common  wealth,  in  which  case  it  shall  be  taxed  to  the  guardian  in  the 
city  or  town  of  which  he  is  an  inhabitant. 
P.  S.  11,  §  20,  cl.4.       2  Gray,  494.        4  Allen,  462.        105  Mass.  528.        145  Mass.  111. 

Fifth,  Personal  property  held  in  trust  by  an  executor,  administrator 
or  trustee,  the  income  of  which  is  payable  to  another  person,  shall  be 
assessed  to  the  executor,  administrator  or  trustee  in  the  city  or  town  in 
which  such  other  person  resides,  if  within  the  commonwealth;  and  if  he 
resides  out  of  the  commonwealth  it  shall  be  assessed  in  the  place  whore 
the  executor,  administrator  or  trustee  resides;  and  if  there  are  two 
or  more  executors,  administrators  or  trustees  residing  in  different  places, 


LIENS    FOR    LABOR    AND    MATERIALS.  107 

the  property  shall  be  assessed  to  them  in  equal  portions  in  such  places,  105  Mass.  528. 
and  the  tax  thereon  shall  be  paid  out  of  said  income.  If  the  executor,  }|q  ^;)^;  \\q 
administrator  or  trustee  is  not  an  inhabitant  of  the  commonwealth,  it    i|2  Mass.  111. 

.  .  '  147  Mass.  431. 

shall  be  assessed  to  the  person  to  whom  the  income  is  payable,  in  the  165  Mass.  287. 
place  where  he  resides,  if  it  is  not  legally  taxed  to  an  executor,  ad- 
ministrator or  trustee  under  a  testamentary  trust  in  any  other  state. 

Sixth,  Personal  property  placed  in   the  hands  of  a   corporation  or  Personal 

individual  as  an  accumulating  fund  for  the  future  benefit  of  heirs  or  asTnaccumu- 

other  persons  shall  be  assessed  to  such  heirs  or  persons,  if  within  the  j^gV'g'io 

commonwealth,  otherwise  to  the  person  so  placing'  it,  or  his  executors  d.  6. 

or  administrators,  until  a  trustee  is  appointed  to  take  charge  of  such  ci  6. 

property  or  of  the  income  thereof.  13  Allen,  267.         121  Mass.  351.  *j;  |;  n*  $  20- 

123  Mass.  355.  124  Mass.  193.  147  Mass.  427. 

Seventh,   Personal   property   of   deceased   persons   shall   be   assessed  ~rof, 

'  .  .  „  decedents. 

in   the  city   or  town   in   which   the   deceased   last   dwelt.      Before   the   R.  S.  7,  §  10, 
appointment  of  an  executor  or  administrator  it   shall   be  assessed   in   1848, 235. 
general  terms  to  the  estate  of  the  deceased,  and  the  executor  or  admin-   (f^'fi4*  12 
istrator  subsequently  appointed  shall  be  liable  for  the  tax  so  assessed   el.  7. 
as  though  assessed  to  him.     After  such  appointment  it  shall  be  assessed   p.s.'ii,  §20, 
to  such  executor  or  administrator  for  three  years  or  until  it  has  been   5  P^ck  236 
distributed   and    notice    of    such    distribution    has    been    given    to    the  *  Cush.  1. 
assessors  stating  the  name  and  residence  of  the  several  parties  inter-  97  Mass.~322. 
ested  in  the  estate  who  are  inhabitants  of  the  commonwealth  and  the   123  Mass!  376! 
amount  paid  to  each.    After  three  years  from  the  date  of  such  appoint-   }i9.  M.ass  ff\ 
ment   it   shall   be  assessed   according  to   the   provisions   of   clause   five   161  Mass.  9. 
of  this  section.  176  Mass'  " 

Section  27.     Partners,  whether  residing  in  the  same  or  in  different   Partners, 
cities  or  towns,  may  be  jointly  taxed  under  their  firm  name,  in   the   rTs.  7*f  13. 
place  where  their  business  is  carried  on,  for  all  the  personal  property  cPs'n4^  15 
employed  in  such  business,  except  ships  or  vessels.     If  partners  have   P.  S.  li,' 5  24. 
places  of  business  in  two  or  more  towns,  they  shall  be  taxed  in  each   7  Gray'.  132". 
of  such  places  for  the  proportion  of  property  employed  therein.     If  so   io^mSs.^. 
jointly  taxed,  each  partner  shall  be  liable  for  the  whole  tax  in  Mass- :1-'- 

125  Muss   351 
133  Mass.  499.       137  Mass.  227.       140  Mass.  346.       163  Mass.  444.       172  Mass.  383,  464.    130  Mass!  ill! 

Section  217.     The  tax  commissioner  shall,  subject  to  appeal  Taxcommis- 

..  -if  i  .  -it  .,  l  L  sioner  t<>  deter- 

to  the  board  01  appeal,  ascertain  and  determine  the  amount  due  mine  amounts 

to  each  city  and  town  under  the  provisions   of  the  preceding  and  towns, 

section,  notify  the  treasurer  of  each  city  and  town  thereof,  and  P. s5'i3,3§  585' 

certify  the  amount  as  finally  determined  to  the  treasurer  and  Jf?;!78, 

receiver  general,  who  shall  thereupon  pay  over  the  same.  R.l.u,  §62. 

LIENS    FOR    LABOR    AND    MATERIALS. 

Section  218.     A  person  to  whom  a  debt  is  duo  for  labor  per-  Action  against 
formed  or  for  materials  furnished   and   actually   used    in   con-  roadefo°r  i 
structing  a  railroad  under  a  contrad  with  a   person  other  ilian  S73°35Mi! 
the  railroad  corporation,  who  has  authority  from  or  is  rightfully  [1I3"2, 
acting   for  such   corporation    in    furnishing  such    labor  or  ma-  Jh'/i"1' 
terials  shall  have  a   righl  of  action  againsl  such  corporation  to  121  Sials' 510 
recover  such   debt  with  costs,  except  as  provided  in   the  four 
following  sections. 

Si  ction  210.     A  person  who  has  contracted  to  construct  the  Contractor 
whole  or  a  specified  part  of  such   railroad  shall  not  have  such  '',',' chacti 
right  of  action.  P.S.H2,§144.  r.  l.  111,  §  165.  1873,353,  §2. 


108  CHANGE    OF    NAME.       DISSOLUTION. 

statement  Section  220.     A  person  shall  not  have  such  right  of  action 

of  amount  of  '  .....  ,  „  ° 

debt  to  be         for  labor  performed,  unless,  withui  thirty  days  alter  ceasing  to 
353,  §  3.    perform  it,  he  files  in  the  office  of  the  clerk  of  a  city  or  town  in 
s  n.-,11'  which  any  of  said   labor   was   performed   a  written  statement, 

i.111,  under  oath,  of  the  amount  of  the  debt  so  due  to  him  and  of  the 
127  Mass.  ioi.  liame  0f  ^]10  porson  or  persons  for  whom  and  by  whose  employ- 
ment the  labor  was  performed.  Such  right  of  action  shall  not 
he  lost  by  a  mistake  in  statin"'  the  amount  due;  but  the  claimant 
shall  not  recover  as  damages  a  larger  amount  than  is  named  in 
said  statement  as  due  to  him,  with  interest  thereon. 
Notice  of  in-  Section  221.     A  person  shall  not  have  such  right  of  action 

filed.    _    ,        for    materials   furnished,    unless,    before   beginning   to   furnish 
p.s.'ii2,'  them,  he  files  in  the  office  of  the  clerk  of  the  city  or  town  in 

ill/ih,  which  any  of  the  materials  were  furnished  a  written  notice  of 
his  intention  to  claim  such  right,  in  the  manner  provided  for 
filing  the  statement  named  in  the  preceding  section. 
Litionstiono£  Section  222.  Such  action  shall  not  be  maintained  unless  it 
1873,353,  §  5.  js  begun  within  sixty  days  after  the  plaintiff  ceased  to  perform 
§  147.  ~  such  labor  or  to  furnish  such  materials.  127  Mass.  ioi. 

R.L.  ill,  §168. 


CHANGE    OF    NAME. 

change  of  Section  223.     Upon  the  application  of  any  railroad  corpora- 

i|9i,'360,  tion,  authorized  by  a  vote  of  two  thirds  of  the  stockholders 
1892,198,201.  present  and  voting  at  a  meeting  called  for  the  purpose,  the 
L898i  474;  §  9.  board  of  railroad  commissioners  may,  after  public  notice  and 
1899, 164;  442,  fl  hearing?  authorize  such  corporation  to  change  its  name. 

1901,  422,  §  9.  R.  L.  109,  §  9. 

o7cteortbe°ate  Section  224.     A  certified  copy  of  such  authorization  and  a 

tiled  with  certificate  of  the  vote  of  the  corporation,  signed  and  sworn  to 

1891,360,  by  the  president,  treasurer  and  a  majority  of  the  directors,  shall 
r.l.  109,  §  io.  be  filed  in  the  office  of  the  secretary  of  the  commonwealth.  The 
board  of  railroad  commissioners  shall  require  public  notice  to 
be  given  of  the  change  so  authorized;  and  upon  receipt  of  proof 
thereof  the  secretary  of  the  commonwealth  may  grant  a  certifi- 
cate of  the  name  which  the  corporation  shall  bear,  which,  sub- 
ject to  the  provisions  of  section  fourteen,  shall  thereafter  be  its 
Legal  name. 
Rightsand  Section  225.     A  railroad  corporation  shall  have  the  same 

under  new         rights,  powers  and  privileges,  and  be  subject  to  the  same  duties, 
i'vj'i', '.'■.',&),  i  4.    obligations   and  liabilities,   under  its  new  name  as  before  its 
r.l.  109,  §11.  name  was  changed,  and  may  sue  and  be  sued  by  its  new  name; 
but  any  action  broughl  against  it  by  its  former  name  shall  not 
be  defeated  on  that  account,  and,  on  motion  of  either  party,  the 
new  name  may  be  substituted  therefor. 

DISSOLUTION. 

Dissolution  of        Section  220.     If  a  majority  in  interest  of  the  stockholders 

corporations.  „  n  , '    .      "         .  .  „.    .  .,  ^-i 

1852  of  a  railroad  corporation  desire  to  close  its  affairs,  they  may  hie 

G.s'.68,  §35.  a  petition  therefor  in  the  supreme  judicial  court  or  the  superior 
r.  I'.  109,  H°2.  court,  setting  forth  in  substance  the  grounds  of  their  applica- 


DISSOLUTION.  109 

tion,  and  the  court,  after  notice  to  parties  interested  and  a  hear-  7 Gray,  119, 
ing,  may  decree  a  dissolution  of  said  corporation.     A  corpora-  9Gray,34. 
tion  so  dissolved  shall  be  held  to  be  extinct  in  all  respects  as  if  99  Mass.' 267." 
its  corporate  existence  had  expired  by  its  own  limitation.  119  Mass.  447. 

Section  227.      Every  railroad  corporation  whose  charter  ex-  Continuation 
pires   by   its   own   limitation  or   is   annulled   by   forfeiture   or  torcioseeCon-rs 
otherwise,  or  whose  corporate  existence  for  other  purposes  is  i8i<f,'43. 
terminated  in  any  other  manner,  shall  nevertheless  be  continued  g.' f .' Is,' f  36. 
as  a  body  corporate  for  three  years  after  the  time  when  it  would  ^- 1;  ^|*  |  ^i- 
have  been  so  dissolved,  for  the  purpose  of  prosecuting  and  de-  lipVlf'ufo' 
fending  suits  bv  or  against  it,  and  of  enabline;  it  gradually  to  23  Pick.  345. 

.  .  .  00  *^  123  Mass   3'' 

settle  and  close  its  affairs,  to  dispose  of  and  convey  its  prop-  i6i  Mass!  443. 
crty,  and  to  divide  its  capital  stock,  but  not  for  the  purpose  of 
continuing  the  business  for  which  it  was  established. 

Section  223.     If  the  charter  of  a  railroad  corporation  ex-  Receivers, 
pires,  or  is  annulled,  or  if  the  corporation  is  dissolved  as  pro-  r8.s.'44:V§s,9. 
vided  in  section  two  hundred  and  twenty-six,  or  if  its  corporate  g8"' Is,' |§237 
existence  for  other  purposes  is  terminated  in  any  other  manner,  p8-g  105  §§42 
the  supreme  judicial  court  or  the  superior  court,  upon  applica-  4|g. 
tion   of   a   creditor   or    stockholder,    shall   have    jurisdiction    in  it.  l!  109,  §  54. 

.  ,   J      .  <,    .         157  Mass.  81. 

equity  to  appoint  one  or  more  receivers  to  take  charge  ol  its 
estate  and  effects,  and  to  collect  the  debts  and  property  due  and 
belonging  to  it ;  with  power  to  prosecute  and  defend  suits  in  its 
name  or  otherwise,  to  appoint  agents  under  them,  and  to  do  all 
other  acts  which  might  be  done  by  such  corporation,  if  in  being, 
which  may  be  necessary  for  the  final  settlement  of  its  unfin- 
ished business.  The  powers  of  such  receivers  may  be  continued 
as  long  as  the  court  finds  necessary  for  said  purposes. 

Section  229.     The  receivers  shall  pay  all  debts  due  from  —to  pay  debts 
the  corporation,  if  the  funds  in  their  hands  are  sufficient  there-  surplus' nbute 
for;    and   if   they   are  not,    they  shall   distribute   them  ratably  r83|.'445§  10. 
among  the  creditors  who  prove  their  debts  in  the  manner  di-  G85|'|s5,f  329' 
rected  bv  any  decree  of  the  court  for  that  purpose.     If  there  is  £•  ?•  105, ,§  44. 

1      i  '         •     •  c,  i  /»      l  i    i  1  R.L.  109,  *  55. 

a   balance  remaining  after  the  payment  of  the  debts,   the  re-  1  Gray,  382. 
ceivers  shall  distribute  and  pay  it  to  those  wdio  are  justly  en- 
titled thereto  as  having  been  stockholders  of  the  corporation,  or 
their  legal  representatives. 

Section  230.     Tf  a  petition,  signed  and  sworn  to  by  a  ma-  surrender  of 
jority  in  interest  of  the  stockholders  of  a  railroad  corporation   incorporation, 
organized  under  the  general  laws,  has,  with  the  certificate  of  r. l!  109," § 56. 
incorporation,   been   filed    in   the  office  of  the  secretary  of  the 
commonwealth,    stating   that    such    stockholders    desire    to    sur- 
render the  certificate  of  incorporation  and  to  have  the  corpora- 
tion dissolved  and  giving  their  reasons  therefor,  the  secretary, 
if  he  considers  such   reasons  sufficient,   shall    require   the   peti- 
tioners  to  publish   a   notice  in   one  or   more  newspapers   in    the 
county  in  which  the  principal  ollice  of  the  corporation  i<  located, 
that,  for  reasons  which  appear  to  him  to  be  sufficient,  the  cer- 
tificate   of    incorporation    of    the    corporation    therein    named    is 
annulled.     Upon  the  filing  by  the  petitioner  with  the  secretary 
of  a  copy  of  each  newspaper  in  which  the  notice  of  dissolution 


110 


OFFENCES    AND    PENALTIES. 


was  ordered  to  he  published,  the  corporation  shall  be  dissolved, 
subjecl  to  the  provisions  of  the  three  preceding  sections. 

Section    231.      If  a  railroad   corporation  is   dissolved,   the 
clerk  of  the  court  in  which  the  decree  for  dissolution  is  entered 


Returns  to 
secretary  of 
dissolution 

p.  s  i(i5.  §  45.  shall  forthwith  make  return  thereof  to  the  secretary  of  the  com- 
monwealth, giving  the  name  of  the  corporation  dissolved,  and 


the  date  upon  which  such  decree  was  entered. 


Walking  on 

track. 

L853    H4,  §  4. 

i  .    S.  63,  §  102. 

1874,372,  §  148. 

Loitering  in 
station. 
1874,  372, 
§  149. 
1878,  180, 
§  1. 

P.  S.  112,  §196. 
R  I..  Ill,  §250. 
1905,  210. 


Unlawful 
riding  upon 
locomotive, 

1905,  208. 


Riding  or 
driving  beast 
on  a  railroad. 
R.  S.  39,  §  85. 
G.  S.  63,  §  103. 
1874,  372, 
§  151. 

P.S.  112,  §198. 
R.L.111,§252. 


Negligence  in 
permitting  a 
beast  upon 
railroad. 
R.  S.  39,  §  86. 
G.  S.  63,  §  104. 
1874,  372, 
§  152. 

Neglect  to 
close  gates  at 
private  cross- 
ing. 

1862,  123. 
1874,  372, 
§  1S3. 

P.S.  112,  §200. 
R.L.111,§254. 
Malicious 
injury  to  rail- 
road, etc. 
R.  S.  39,  §  77. 
G.  S.  63,  §  105. 


OFFENCES    AND    PENALTIES. 

Section  232.  Whoever  without  right  knowingly  stands  or 
walks  on  a  railroad  track  shall  forfeit  not  less  than  five  nor 
more  than  fifty  dollars,    p. s.  112, §  195.     r.l.ih,§249.     142  Mass.  300. 

Section  233.  Whoever  without  right  loiters  or  remains 
within  a  station  house  of  a  railroad  corporation,  or  of  the  Bos- 
ton Terminal  Company,  or  upon  the  platform  or  grounds  adja- 
cent to  such  station,  after  being  requested  to  leave  the  same  by 
a  police  officer  or  by  a  railroad  police  officer,  shall  forfeit  not 
less  than  two  nor  more  than  twenty  dollars. 

Section  234.  Whoever,  without  right,  rides  or  attempts  to 
ride  upon  a  locomotive  engine,  tender,  freight  car,  caboose,  or 
other  conveyance  not  a  part  of  a  passenger  train,  upon  a  rail- 
road or  upon  the  property  of  the  Boston  Terminal  Company, 
after  being  requested  to  leave  the  same  by  an  employee  of  the 
railroad  or  of  said  Boston  Terminal  Company,  or  by  a  police 
officer,  shall  be  punished  by  a  fine  of  not  more  than  fifty  dol- 
lars or  imprisonment  for  not  more  than  six  months.  A  sheriff, 
deputy  sheriff,  constable,  police  officer,  railroad  police  officer,  or 
officer  appointed  with  the  powers  of  a  railroad  police  officer, 
upon  view  of  such  an  offence,  may,  without  warrant,  arrest  the 
offender  and  make  complaint  against  him  therefor. 

Section  235.  Whoever,  without  the  consent  of  a  railroad 
corporation,  or  its  agent,  rides,  drives,  or  leads  a  horse,  or  other 
1m 'ast,  on  the  railroad  opened  for  use  of  such  corporation,  ex- 
cept in  the  proper  use  of  a  highway  or  other  way,  or  of  a  trav- 
elled place  at  a  crossing  of  such  railroad  therewith  upon  the 
same  level,  shall  forfeit  not  more  than  one  hundred  dollars  for 
each  offence,  and  be  liable  for  any  damage  which  results  there- 
from. 

Section  236.  The  person  through  whose  fault  or  negligence 
a  horse  or  other  beast  goes  at  large  within  the  limits  of  a  rail- 
road opened  for  use,  shall  forfeit  not  more  than  twenty  dollars 
for  each  offence,  and  be  liable  fur  any  damage  which  results 
therefrom.  p.s.112,  §  199.  r.l.ih.§253. 

Section  237.  Whoever  enters  upon  or  crosses  a  railroad  at 
a  private  way  which  is  closed  by  gates  or  bars,  and  neglects  to 
close  them  securely,  shall  forfeit  not  less  than  two  nor  more 
than  ten  dollars  for  each  offence,  and  be  liable  for  any  damage 
which  results  therefrom. 

Section  238.  Whoever  maliciously  injures  a  railroad,  or 
anything  pertaining  thereto,  or  any  materials  or  implements  for 
the  construction  or  use  thereof,  or  aids  or  abets  in  such  tres- 


1106 


[See  page  110,  §  234.] 

1909. 

Chapter  233. 

An  Act  further  to  prohibit  Unauthorized  Persons  from  Riding  upon  a  Railroad 

or  upon  the  Property  of  the  Boston  Terminal  Company. 

Section   1.     Section  two  hundred  and  thirty-four  of  chapter  four  1906,  463, 
hundred  and  sixty-three,  Part  II,  of  the  acts  of  the  year  nineteen  hun-  amended  234' 
dred   and   six   prohibiting   unauthorized   persons   from  riding   upon   a 
railroad  or  upon  the  property  of  the  Boston   Terminal  Company,  is 
hereby  amended  by  striking  out  the  words,  "  after  being  requested  to 
leave  the  same  by  an  employee  of  the  railroad  or  of  said  Boston  Ter- 
minal Company,  or  by  a  police  officer  ",  in  the  fifth,  sixth  and  seventh 
lines,  —  so   as  to  read  as  follows :  —  Section  234.     Whoever,  without  Unlawful 
right,   rides   or   attempts   to    ride    upon   a   locomotive    engine,   tender,  locomotfve] 
freight  car,  caboose,  or  other  conveyance  not  a  part   of  a  passenger  etc- 
train,  upon  a  railroad  or  upon  the  property  of  the  Boston   Terminal 
Company,  shall  be  punished  by  a  fine  of  not  more  than  fifty  dollars 
or  imprisonment   for   not   more   than   six  months.     A   sheriff,   deputy 
sheriff,   constable,   police   officer,   railroad   police  officer,  or  officer  ap- 
pointed with  the  powers  of  a  railroad  police  officer,  upon  view  of  such 
an  offence,  may,  without  warrant,  arrest  the  offender  and  make  com- 
plaint against  him  therefor. 

Section  2.     This  act  shall  not  apply  to  employees  while  in  the  dis-  Not  apply  to 
charge  of  their  duties.     [Approved  March  31,  1909.  employees,  etc. 


Ilia 


[See  page  111,  chapters  165  and  410.] 
1908. 
Chapter  150. 
An  Act  to  further  prohibit  Expectoration  in  Certain  Public  Places  and  Convey- 
ances. 

1906  165,  Section  one  of  chapter  one  hundred  and  sixty-five  of  the  acts  of  the 

and  1907,  410,  .  ,  .     K.  n      .  -i     -i    i  i  •  n      , 

amended.  year  nineteen  hundred  and  six,  as  amended  by  section  one  or  chapter 

four  hundred   and  ten  of  the  acts  of  the  year  nineteen  hundred  and 
seven,  is  hereby  further  amended  by  striking  out  the  said  section  and 
Expeetora-        inserting-  in  place  thereof  the  following':  —  Section  1.    No  person  shall 
places.  expectorate  or  spit  upon  any  public  sidewalk  or  upon  any  place  used 

exclusively  or  principally  by  pedestrians,  or,  except  in  receptacles  pro- 
vided for  the  purpose,  in  or  upon  any  part  of  any  city  or  town  hall, 
any  court  house  or  court  room,  any  public  library  or  museum,  any 
church  or  theatre,  any  lecture  or  music  hall,  any  mill  or  factory, 
any  hall  of  any  tenement  building  occupied  by  five  or  more  families,  any 
school  building,  any  ferryboat  or  steamboat,  any  railroad  car,  except 
a  smoking  car,  any  elevated  railroad  car,  except  a  smoking  car,  any 
street  railway  car,  any  railroad  or  railway  station  or  waiting  room, 
or  on  any  track,  platform  or  sidewalk  connected  therewith,  and  in- 
cluded within  the  limits  thereof.     [Approved  March  2,  1908. 


OFFENCES    AND    PENALTIES.  Ill 

pass,  shall  be  punished  by  a  fine  of  not  more  than  one  thousand  i8/!*372' 
dollars,  or  by  imprisonment  in  jail  for  not  more  than  one  year,  |- S- 112,  §  201. 
or   by   both   such   fine   and    imprisonment,    and   shall   for   each 
offence  forfeit  to  the  use  of  the  corporation  treble  the  amount 
of  damages  which  it  has  sustained  therein'. 

Acts  of  1906,  Chapter  165. 
An  Act  to  prohibit  Expectoration  in  Certain  Public  Places  and  Conveyances. 
[Section*  1.     No  person  shall  expectorate  or  spit  on  any  public  side-  Expectoration 
-walk,   or,   except   in   receptacles   provided   for   the   purpose,   upon  the  p^btfcplaces 
floor  in  any  city  or  town  hall,  in  any  court  house  or  court  room,  in  any  prohibited. 
public  library  or  museum,  in  any  church  or  theatre,  in  any  lecture  or  1907,  410. 
music  hall,  in  any  ferry  boat  or  steamboat,  in  any  railroad  car,  except 
a  smoking  car,  in  any  railway  car,  in  any  railroad  or  railway  station  or 
waiting-  room  or  on  any  sidewalk  or  platform  connected  therewith.] 

Section   2.     Whoever   violates   any   provision    of   this   act   shall   be  Penalty, 
punished  by  a  fine  of  not  more  than  twenty  dollars.     [Approved  March  '1907,  410. 
16,  1906. 

Acts  of  1907,  Chapter  410. 

An  Act  further  to  prohibit  Expectoration  in  Certain  Public  Places  and  Convey- 
ances. 

Section  1.     Chapter  one  hundred  and  sixty-five  of  the  acts  of  the  1906,  165,  §  1. 
year  nineteen  hundred  and  six  is  hereby  amended  by  striking  out  section  Expectoration 
one   and   inserting  in   place   thereof  the   following:  —  Section   1.     No  in  certain 
person  shall  expectorate  or  spit  upon  any  public  sidewalk,  or  upon  any  prohibited, 
place  used  exclusively  or  principally  by  pedestrians,  or,  except  in  re- 
ceptacles provided  for  the  purpose,  upon  the  floor  in  any  city  or  town 
hall,  in  any  court  house  or  court  room,  in  any  public  library  or  museum, 
in  any  church  or  theatre,  in  any  lecture  or  music  hall,  in  any  mill  ol- 
factory, in  any  hall  of  any  tenement  building  occupied  by  five  or  more 
families,  in  any  school  building,  in  any  ferry  boat  or  steamboat,  in  any 
railroad  car,  except  a  smoking  car,  in  any  elevated  railroad  car,  except 
a  smoking  car,  in  any  street  railway  car,  in  any  railroad  or  railway 
station   or  waiting  room   or   on   any  sidewalk   or   platform   connected 
therewith. 

Section  2.     Section  two  of  said  chapter  one  hundred  and  sixty-five  is  ioog,  165,  §  2. 
hereby  amended  by  adding  at  the  end  thereof  the  words:  —  Any  person  penalty, 

detected  iii  the  act  of  violating  any  [irovisi £  this  ad  may  be  arrested  mitoujnt°m" 

by  any  officer  authorized  to  serve  criminal  process  in  the  place  where 
the  offence  is  committed  and  kept  in  custody  until  he  can  be  taken  before 
a  court  which  has  jurisdiction  of  such  offence;  and  if  his  name  is  un- 
known to  the  officer  who  makes  the  arrest,  he  may  be  arrested  without  a 
warrant,  —  so  as  to  read  as  follows  :  —  Section  2.  Whoever  violates  any 
provision  of  this  act  shall  be  punished  by  a  fine  of  not  more  than  twenty 
dollars.  Any  person  delected  in  the  act  of  violating  any  provision  of 
this  act  may  be  arrested  by  any  officer  authorized  to  serve  criminal 
process  in  the  place  where  the  offence  is  committed  and  kept  in  custody 
until  he  can  be  taken  before  a  court  which  has  jurisdiction  of  such 
offence;  and  if  his  name  is  unknown  to  the  officer  who  makes  the 
arrest,  he  may  be  arrested  without  a  warrant. 

Section  3.     This  act  shall  take  effect  upon  its  passage.     [Approved 
May  14, 1907. 


Section  289.     Whoever  wilfully  obstructs,  or  aids  or  abets  Obstructina 

'  en^iue  or  cai 

in  obstructing,  or  wilfully  does  or  causes  to  be  done  anything  etc. 


112 


ACCIDENTS. 


R.  S.  39,  §  77. 
L850,  II. 
L852,  186, 
55  l.  2. 

G.S.  63,  §5  105, 
L06,  L07,  L08. 
1874,  372, 
5§   i.">  1 .  155, 
L56,  157. 
P.  S.  11-'. 
15  201,  202, 
203,  204. 
L890,  332. 
Et.  1..  111. 
§  §  255,  256. 
157,  258. 
KID  Mass.  345. 
105  .Mass.  53. 
Wilfully  stop- 
ping I  rain. 
177. 
P.S.  11-'.  5  205. 
K   L.  Ill, § 259. 
kid  Mass.  345. 


Tampering 

with  tools. 
1882,  54,  §  2. 
R.L.  111,5261. 


with  the  intent  to  obstruct,  the  passing  of  an  engine  or  car  upon 
a  railroad,  or  wilfully  endangers,  or  aids  or  abets  in  endanger- 
ing, or  wilfully  does  or  causes  to  be  done  anything  with 
the  intent  to  endanger,  the  safety  of  persons  conveyed  in  or 
upon  the  same,  shall  be  punished  by  a  fine  of  not  more  than  one 
thousand  dollars,  or  by  imprisonment  in  the  state  prison  for 
not  more  than  twenty  years,  or  by  both  such  fine  and  imprison- 
ment, and  shall  for  each  offence  forfeit  to  the  use  of  the  cor- 
poration treble  the  amount  of  damages  which  it  has  sustained 
thereby. 

Section  240.  Whoever  wilfully  and  maliciously  stops  a 
train  on  a  railroad  or  causes  it  to  be  stopped  for  the  purpose  of 
entering,  leaving  or  wantonly  delaying  the  same  shall  be  pun- 
ished by  a  fine  of  not  more  than  one  hundred  dollars  or  by  im- 
prisonment for  not  more  than  one  month. 

Section  241.  Whoever  unlawfully  uses,  removes  or  tampers 
with  any  tools  or  appliances  carried  on  the  cars  of  a  railroad 
corporation  as  required  by  section  one  hundred  and  sixty-eight 
shall  be  punished  by  a  fine  of  not  more  than  one  hundred  dol- 
lars, or  by  imprisonment  for  not  more  than  three  months,  or  by 
both  such  fine  and  imprisonment. 


Penalty  for 
gaming  in  rail- 
road  car.  etc. 
1869,  382. 
P.  S.  99,  §  4. 


Disorderly 

conduct  in 
public 

conveyances. 
1883,  102. 


Revised  Laws,  Chapter  214,  §  2. 

Section  2.  Whoever,  in  a  railroad  car,  steamboat  or  other  public 
conveyance,  plays  at  cards,  dice  or  any  other  game  for  money  or  other 
property,  or  bets  on  the  sides  or  hands  of  those  playing,  shall  for  each 
offence  forfeit  not  more  than  fifty  dollars  or  be  imprisoned  for  not  more 
than  three  months.  If  he  is  discovered  in  the  act,  he  may  be  arrested 
without  a  warrant  by  a  sheriff,  deputy  sheriff,  constable  or  other  civil 
officer,  and  held  in  custody,  in  jail  or  otherwise,  for  not  more  than 
twenty-four  hours,  until  complaint  is  made  against  him  for  such 
offence. 

Revised  Laws,  Chapter  212,  §  35. 

Section  35.  Whoever,  in  or  upon  a  railroad  carnage,  steamboat  or 
other  public  conveyance,  is  disorderly,  or  disturbs  or  annoys  travellers 
in  or  upon  the  same  by  profane,  obscene  or  indecent  language,  or  by 
indecent  behavior,  shall  be  punished  by  imprisonment  for  not  more 
than  thirty  days  or  by  a  fine  of  not  more  than  fifty  dollars. 


Revised  Laws,  Chapter  208,  §  19. 
Section  19.     Whoever  breaks  and  enters,  or  enters  in  the  night  time 
without  breaking,  a  railroad  ear,  with  intent  to  commit  a  felony,  shall 
be  punished  by  imprisonment  in  the  state  prison  for  not  more  than  ten 
103,  §  14.  years  or  by  a  gne  0f  nof-  more  than  five  hundred  dollars  and  imprison- 
ment in  the  house  of  correction  for  not  more  than  two  years. 


Breaking  and 
entering  rail- 
road car,  etc. 
1874,  70;  372, 
§  158 


ACCIDENTS. 


Liability  to 

town  for  per- 
sonal injury. 
1874,  372. 
§  160 
P.S.  112,  §209 


Section  242.     If,  upon  the  trial  of  an  action  against  a  city 
or  town,  the  plaintiff  recovers  damages   for  an  injury   to  his 
t  person  or  property  which  was  caused  by  reason  of  a  defect  in  a 
r.l'.iii,§264.  highway,  within  the  location  of  a  railroad,  and  if  the  corpora- 
tion which  owns  the  railroad  is  liable  for  such  damages,  and 


1126 


1908. 

Chapter  495. 

An  Act  relative  to  the  Use  of  Torpedoes  and  Other  Explosives  by  Kailroad  and 

Railway  Corporations. 

Section  1.     It  shall  be  unlawful  for  a  railroad  or  railway  corpora-  Marking  of 

.  torpedoes,  etc. 

tion  and  for  any  officer  or  employee  thereof  to  use  or  deposit  a  torpedo 
or  other  explosive  upon  or  near  the  tracks  of  any  railroad  or  railway 
for  the  purpose  of  signalling  or  otherwise,  unless  there  is  plainly  and 
conspicuously  stamped  or  otherwise  permanently  marked  thereon  in 
a  manner  approved  by  the  board  of  railroad  commissioners  a  word 
or  words  indicating  that  such  torpedo  or  other  explosive  is  dangerous. 

Section  2.     This  act  shall  take  effect  on  the  first  day  of  October  in 
the  year  nineteen  hundred  and  eight.     [Approved  May  5,  1908. 


ACCIDENTS.  113 

has  had  reasonable  notice  to  defend  the  action,  the  city  or  town 
may  recover  snch  damages  and  the  costs  of  both  plaintiff  and 
defendant  in  the  action  from  the  corporation. 

Section  243.     If  an  engineer,  fireman  or  other  agent  of  a  Penalty  on 
railroad  corporation  is  guilty  of  negligence  whereby  an  injury  fof'n^gHgence. 
is  done  to  a  person  or  corporation,  he  shall  be  punished  by  a  g.s.'63,6§  95.' 
fine  of  not  more  than  one  thousand  dollars,   or  by   imprison-  g8/^ 372, 
ment  for  not  more  than  twelve  months.  r.l.iii,§265.  p.s.ii2,§  210. 

Section  244.     Whoever,  having  the  management  of  or  con for  gross 

trol  of  a  railroad  train  while  being  used  for  the  common  car-  management 

n  •  ■  i ,  i"  t  •  i    j_-  of  trains. 

nage  of  persons,  is  guilty  of  gross  negligence  in  or  111  relation  1853,418. 

to  the  management  or  control  thereof,  shall  be  punished  by  a  18*74,^72!  96' 

fine  of  not  more  than  five  thousand  dollars  or  by  imprisonment  |».1g.2ii2,  §  211. 

for  not  more  than  three  years.  r.l.ih,§266. 

Section  245.     If  a  person  is  injured  in  his  person  or  prop-  Liability  for 
erty  by  collision  with  the  engines  or  cars  of  a  railroad  corpora-  case  of  coi- 
tion at  a  crossing  such  as  is  described  in  section  one  hundred  crossin^fetcf 
and  forty-seven,  and  it  appears  that  the  corporation  neglected  IIt^ItI', 
to  give  the  signals  required  by  said  section,  and  that  such  neg-  f8g^199i 
lect  contributed  to  the  injury,  the  corporation  shall  be  liable  |§ | '^-A  213 
for  all  damages  caused  by  the  collision,  or  to  a  fine  recoverable  f^j^' §3276,8- 
by  indictment  as  provided  in  section  sixty-three  of  Part  I,  or,  125  Mass.  64. 

./,,       ,.»        j.  l  .      .  ,    .      ,  /     ,  ',/    129  Mass.  440. 

if  the  hie  01  a  person  so  injured  is  lost,  to  damages  recoverable  133  Mass.  383, 
in  an  action  of  tort,  as  provided  in  said  section,  unless  it  is  145'Mass.  286. 
shown  that,  in  addition  to  a  mere  want  of  ordinary  care,  the  154  Mass!  402! 
person  injured  or  the  person  who  had  charge  of  his  person  or  \H  j^;  f^; 
property  was,  at  the  time  of  the  collision,  guilty  of  gross  or  J||  Mass.  9S^ 
wilful  negligence,  or  was  acting  in  violation  of  the  law,  and  i|6  Mass.  474. 
that  such  gross  or  wilful  negligence  or  unlawful  act  contributed  188  Mass.  127, 
to  the  injury. 

Revised  Laws,  Chapter  51,  §  22. 
Section  22.     A  defendant  shall  not  avail  himself  in  defence  of  any  Correction  of 
omission  to  state  in  such  notice  the  time,  place  or  cause  of  the  injury   notf£egVe 
or   damage,  unless,   within   five  days  after  receipt   of   a  notice,  given   Jg^j^gg^si 
within  the  time  required  by  law  and  by  an  authorized  person  referring 
to  the  injuries   sustained   and  claiming  damages  therefor,   the  person 
receiving  such  notice,  or  some  person  in  his  behalf,  notifies  in  writing 
the  person  injured,  his  executor  or  administrator,  or  the  person  giving 
or  serving  such  notice  in  his  behalf,  that  his  notice  is  insufficient  and 
requests   forthwith   a    written    notice   in    compliance  with   law.      If   the 
person  authorized  to  give  such  notice,  within  five  days  after  the  receipt 
of  such  request,  gives  a  written  notice  complying  with  the  law  as  to  the 
time,  place  and  cause  of  the  injury  or  damage,  such  notice  shall  have  the 
effect  of  the  original  notice,  and  shall  be  considered  a  part  thereof. 

Section  2-1 G.     A  railroad  corporation  shall  not  be  liable  to  Non-liability 
any  person  for  personal  injuries  which  may  be  caused  by  the  expressmen, 
acts  or  omissions  of  any  persons  or  companies  who  do  an  ox-  r.l.'iii,'§269. 
press  business  over  its  mil  road  or  of  their  servants  or  agents.        sS^Lvro.ts. 

Section  247.     Every  railroad  corporation  shall  be  liable  in   Loss  by  fire 

d.         •*■     ,  ,      ..  , .  ,  caused  by 

amages  to  a  person  or  corporation  whose   buildings  or  other  engine. 

property  may  be  injured  by  fire  communicated  by  its  locomo-  §§9,'io. ' 


114  ACCIDENTS. 

g84s'635'§§ioi  tive  engines,  and  shall  have  an  insurable  interest  in  the  prop- 
L87i'  "'m'  \'H'  <rT.v  uPon  its  route  for  which  it  may  be  so  held  liable,  and  may 
1874]  372',  procure  insurance  thereon  in  its  own  behalf.  If  it  is  held  liable 
P.s.ii2,§2i4.  in  damages,  it  shall  be  entitled  to  the  benefit  of  any  insurance 
r.l.'ih,'§270.  effected  upon  such  property  by  the  owner  thereof,  less  the  cost 
4Cush.'28S.  of  premium  and  expense  of  recovery.  The  money  received  as 
26AUen%3i'.  insurance  shall  be  deducted  from  the  damages,  if  recovered 
I  \ilen'  438.  before  they  are  assessed ;  and  if  not  so  recovered,  the  policy  of 
98 .Ma-s.414,  insurance  shall  be  assigned  to  the  corporation  which  is  held 
103  Mass.  5S3.    liable  in  damages,  and  it  may  maintain  an  action  thereon. 

IIS  Mass.  543.         145  Mass.  129.        171  Mass.  245.        181  Mass.  551.         165  U.  S.  1. 
1  ill  Mass.  134.         169  Mass.  398.         179  Mass.  524.        184  Mass.  150. 

Acts  of  1907,  Chapter  431. 

An  Act  to  provide  for  the  Better  Protection  from  Fire  of  "Woodlands  adjoining 

Railroads. 

festers afo"r  Section  1.     Every  corporation  operating  a  steam  railroad  within  this 

locomotives.       commonwealth  shall,  subject  to  the  approval  of  the  board  of  railroad 
commissioners,  install  and  maintain  a  spark-arrester  on  every  engine  in 
its  service  in  which  wood,  coke  or  coal  is  used  as  fuel,  and  shall,  between 
cleared  of  dry6  the  first  day  of  April  and  the  first  day  of  December  in  each  year,  keep 
leaves,  etc.         the  full  width  of  all  of  its  locations  over  which  such  engines  are  oper- 
ated, to  a  point  two  hundred  feet  distant  from  the  centre  line  on  each 
side   thereof,   clear   of   dead   leaves,    dead   grass,    dry   brush   or   other 
inflammable   material,    and    shall   not    at   any   time   leave   any  deposit 
of  fire,   hot   ashes   or   live   coals  upon   its  locations   in   the   immediate 
vicinity  of  woodlands  or  grass  lands,  and  shall  post  in  stations  and 
other  conspicuous   places   within   its   location   and   right   of  way  such 
notices  and  warning  placards  as  are  furnished  to  it  for  the  purpose 
by  the  state  forester:  provided,  that  nothing  in  this  section  shall  be 
construed  to  prohibit  any  railroad  corporation  from  piling  or  keeping 
upon  its  location  or  right  of  way  cross-ties  or  other  material  necessary 
for  the  maintenance  and  operation  of  its  railroad, 
rnav'becieared        Section    2.      Any    railroad    corporation    may,    upon    giving    notice 
notice.  according  to   the   provisions   of   this   section,   enter   upon   unimproved 

land  adjoining  any  location  or  right  of  way  upon  which  it  operates 
engines  burning  wood,  coke  or  coal,  and  may  there  at  its  own  expense 
and  subject  to  the  direction  of  the  forest  fireward,  or  the  officer  or 
board  having  his  powers,  in  the  city  or  town  in  which  the  land  is 
situated,  clear  such  land  of  dead  leaves,  dead  grass  and  dead  wood  to 
a  distance  of  one  hundred  feet  from  the  tracks,  without  thereby 
becoming  liable  for  trespass :  provided,  that  no  railroad  corporation 
shall,  under  the  provisions  of  this  section,  do  any  acts  on  unimproved 
land  outside  its  location  or  right  of  way,  unless  it  has  within  two 
months  given  fourteen  days'  notice  in  writing  by  mail  or  otherwise 
to  the  occupant  of  the  land,  and  to  the  owner  thereof,  if  he  resides 
or  has  a  usual  place  of  business  in  the  city  or  town  in  which  it  is 
situated,  and  if  the  land  is  unoccupied  and  the  owner  does  not  reside 
or  have  a  usual  place  of  business  in  the  city  or  town,  then,  unless  the 
railroad  corporation  has  within  two  months  published  notice  of  its 
purpose  once  in  three  successive  weeks  in  a  newspaper  published  in 
the  county  in  which  the  land  is  situated,  and  unless  it  has  within  three 
days  given  at  least  twenty-four  hours'  notice  to  the  forest  fireward,  or 
the  officer  or  board  having  his  powers,  in  the  city  or  town  in  which  the 
land  is  situated  of  the  location  of  the  land  which  it  intends  to  enter 


Cross-ties. 


lUb 


1909. 

Chapter  502. 

An  Act  relative  to  Returns  to  the  Board  of  Railroad  Commissioners. 

Section  1.  The  annual  retains  now  required  by  law  to  be  made  Time  for 
to  the  board  of  railroad  commissioners  shall  be  returns  for  the  year  returns.' 
ending  on  the  thirtieth  day  of  June,  and  shall  be  transmitted  to  said 
board  on  or  before  the  thirtieth  day  of  the  following  September,  upon 
blank  forms  of  return  to  be  furnished  by  the  board  on  or  before  the 
first  day  of  June  in  each  year.  The  time  within  which  all  returns  are 
required  by  law  to  be  made  to  tbe  board  may  be  extended  by  the 
board  to  such  date  subsequent  thereto  as  it  may,  for  good  cause  shown, 
fix  in  any  case. 

Section  2.  The  return  required  by  the  preceding  section  to  be  filed  ^^19^ 0n  the 
for  the  period  ending  on  the  thirtieth  day  of  June,  in  the  year  nineteen 
hundred  and  ten,  shall  cover  the  doings  of  street  railway  companies 
and  every  person,  firm,  association  or  corporation  doing  an  express 
business  upon  either  a  railroad  or  railway  in  this  commonwealth  for 
the  preceding  nine  months  only,  and  said  period  of  nine  months  shall 
be  deemed,  under  the  provisions  of  section  sixty-eight  of  chapter  five 
hundred  and  ninety  of  the  acts  of  the  year  nineteen  hundred  and  eight, 
subdivision  Fifth,  relative  to  the  investment  of  deposits,  and  the  in- 
come derived  therefrom,  of  savings  banks  in  the  bonds  of  street  rail- 
way companies,  as  one  of  the  five  years  therein  referred  to,  but  the 
requirement  that  dividends  equal  to  at  least  five  per  cent  upon  all  the 
outstanding  capital  stock  of  a  street  railway  company  shall  have  been 
earned  and  paid  in  cash  in  each  of  said  five  years,  shall  not  apply  to 
said  period  of  nine  months;  and  any  street  railway  company  which 
shall  have  earned  and  paid  in  dividends  in  cash  an  amount  equal  to 
five  per  cent  upon  all  its  outstanding  capital  stock  in  each  of  the  five 
preceding  years,  with  the  exception  of  said  nine  months  period,  shall 
be  included  in  the  list  to  be  certified  and  transmitted  by  the  board. 
The  list  required  by  the  provisions  of  said  section  sixty-eight  to  be 
certified  and  transmitted  to  the  bank  commissioner  shall,  after  the 
passage  hereof,  be  so  certified  and  transmitted  on  or  before  the  fif- 
teenth day  of  December  in  each  year. 

Section   3.      Section   one   hundred   and  twenty-five   of  Part   III   of  1906v^3\  12g 
ehapter  four  hundred  and  sixty-three  of  the  acts  of  the  year  nineteen  amended, 
hundred  and  six  is  hereby  amended  by  striking  out  the  word  "  May  ", 
in  the  fourth  and  eighth  lines,  respectively,  and  inserting  in  each  in- 
stance, in  place  thereof  the  word:  —  April,  —  by  striking  out   in   the 
seventeenth   and   twenty-third   lines,   the   word  "  September ",   and   in- 
serting in  place  thereof  the  word:  —  June,  —  and  by  inserting  after 
the  word  "  year  ",  in  the  twenty-fourth  line,  the  words :  —  ending  on 
the  thirtieth  day  of  September  prior  to  September  thirtieth,   nineteen 
hundred  and  ten,  and   during  each  year  ending  on   the  thirtieth   day 
of  June  beginning  with  the  year  ending  on  the  thirtieth  day  of  June, 
nineteen  hundred  and  eleven,  —  and  by  adding  at  the  end  of  said  sec- 
tion the  words:  —  and  the  amount  of  such  dividends  paid  during  the 
nine  months  ending  on    the  thirtieth   day   of  June,   nineteen   hundred 
and   ten,  —  so   that   said    section,   as    amended,   will   read    as    follows: 
—  Section    125.       Every     street     railway     company     organized     under  Annual 
general   or  special    laws  of   the   commonwealth,   in    addition    to   all    re-  ^mmissioner. 
turns    required    by    its   charter,    shall    annually,    between    the    first    ami 
tenth  days  of  April,  return  to  the  tax  commissioner,   under  the  oath 


114c 

of  its  treasurer,  the  amount  of  the  capital  stock  of  the  company,  its 
place  of  business  and  the  par  value  and  market  value  of  the  shares 
made  up  as  of  said  first  day  of  April.  It  shall  also  contain  a  state- 
ment in  detail  of  the  works,  structures,  real  estate  and  machinery  owned 
by  said  company  and  subject  to  local  taxation  within  the  common- 
wealth, and  of  the  location  and  value  thereof.  A  street  railway  com- 
pany, whether  chartered  or  organized  in  this  commonwealth  or  else- 
where, shall  also  state  in  its  return  the  whole  length  of  its  line,  and 
so  much  of  the  length  of  its  line  as  is  without  the  commonwealth;  also 
the  length  of  track  operated  by  it  in  each  city  and  town  on  the  thirtieth 
day  of  June  preceding  the  return,  to  be  determined  by  measuring  as 
single  track  the  total  length  of  all  tracks  operated  by  it  including 
sidings  and  turn-outs  whether  owned  or  leased  by  it  or  over  which 
it  has  trackage  rights  only;  and  the  amount  of  dividends  paid  on  its 
capital  stock  during  the  year  ending  on  such  preceding  thirtieth  day 
of  June,  and  during  each  year  ending  on  the  thirtieth  day  of  September 
prior  to  September  thirtieth,  nineteen  hundred  and  ten,  and  during 
each  year  ending  on  the  thirtieth  day  of  June  beginning  with  the  year 
ending  on  the  thirtieth  day  of  June,  nineteen  hundred  and  eleven, 
from  the  organization  of  the  company,  and  the  amount  of  such  divi- 
dends paid  during  the  nine  months  ending  on  the  thirtieth  day  of 
June,  nineteen  hundred  and  ten. 

1906,  463,  Section  4.     Section   one   hundred  and  thirty  of  Part  III  of  said 

amended/  '  chapter  four  hundred  and  sixty-three  is  hereby  amended  by  inserting 
after  the  word  "  during ",  in  the  fifth  line,  the  words :  —  the  nine 
months  ending  on  the  thirtieth  day  of  June  in  the  year  nineteen  hun- 
dred and  ten  or  during,  —  and  by  striking  out  in  the  sixth  line,  the 
word  "  September  ",  and  inserting  in  place  thereof  the  words :  —  June 
in  the  year  nineteen  hundred  and  eleven  or  in  any  subsequent  year,  — 

Additional         so  that  sa^  section  as  amended  will  read  as  follows :  —  Section  130. 

corporate  jf  an  operating  street  railway  company,  including  a  company  whose 

lines  are  located  partly  within  and  partly  without  the  limits  of  the 
commonwealth,  whether  chartered  or  organized  under  the  laws  of  this 
commonwealth  or  elsewhere,  has  paid  during  the  nine  months  ending 
on  the  thirtieth  day  of  June  in  the  year  nineteen  hundred  and  ten  or 
during  the  year  ending  on  the  thirtieth  day  of  June  in  the  year  nine- 
teen hundred  and  eleven  or  in  any  subsequent  year  preceding  the  date 
of  the  return  required  by  section  one  hundred  and  twenty-five  dividends 
exceeding  in  the  aggregate  eight  per  cent  upon  its  capital  stock,  it  shall 
for  every  such  year,  in  addition  to  the  tax  required  by  section  one  hun- 
dred and  twenty-eight,  pay  a  tax  equal  to  the  amount  of  such  excess 
to  be  determined  as  therein  provided  by  the  tax  commissioner;  but 
such  additional  tax  shall  not  be  imposed,  if,  from  the  date  when  the 
company  commenced  to  operate  its  railway,  it  has  not  paid  dividends 
equivalent  in  the  aggregate  to  at  least  six  per  cent  per  annum  upon 
its  capital  stock  from  year  to  year. 

Section  5.     This  act  shall  take  effect  on  the  first  day  of  January  in 
the  year  nineteen  hundred  and  ten.     [Approved  June  16,  1909. 


BOOKS    AND    RETURNS. 


115 


under  the  provisions  of  this  section,  and  of  the  time  at  which  it  intends 
to  enter  the  same;  and  provided,  further,  that  no  notice  hereby  re- 
quired shall  be  valid  unless  it  sets  forth  the  provisions  of  this  section. 

Section  3.  Any  engineer,  conductor  or  other  employee  on  a  train 
who  discovers  a  fire  burning  uncontrolled  on  lands  adjacent  to  the 
tracks  shall  forthwith  cause  a  fire  signal  to  be  sounded  from  the 
engine,  which  shall  consist  of  one  long  and  three  short  whistle  blasts 
repeated  several  times,  and  shall  notify  the  next  sectionmen  whom  the 
train  passes,  and  the  next  telegraph  station,  of  the  existence  and 
location  of  the  fire.  The  provisions  of  this  section  shall  not  affect  the 
authority  conferred  upon  the  board  of  railroad  commissioners  by  the 
provisions  of  section  one  hundred  and  forty-eight  of  Part  II  of  chapter 
four  hundred  and  sixty-three  of  the  acts  of  the  year  nineteen  hundred 
and  six. 

Section  4.  Sectionmen  or  other  employees  of  a  railroad  corporation 
who  receive  notice  of  the  existence  and  location  of  a  fire  burning  on 
land  adjacent  to  the  tracks  shall  forthwith  proceed  to  the  fire  and 
shall  use  all  reasonable  efforts  to  extinguish  it :  provided,  that  they  are 
not  at  the  time  employed  in  labors  immediately  necessary  to  the  safety 
of  tracks  or  to  the  safety  and  convenience  of  passengers  and  the 
public. 

Section  5.  Railroad  corporations  shall  inform  their  employees  as 
to  their  duties  under  this  act  and  shall  furnish  them  with  the  appro- 
priate facilities  for  reporting  and  extinguishing  such  fires. 

Section  6.  Nothing  in  this  act  shall  be  construed  to  give  any  rail- 
road corporation  power  to  enter  upon,  or  to  interfere  in  the  manage- 
ment or  care  of,  any  public  park  or  reservation. 

Section  7.  This  act  shall  take  effect  sixty  days  after  its  passage. 
[Approved  May  17, 1907. 


Fire  signal, 
notice. 
1906,  463, 
§  148.  Part  II, 
not  affected. 


Extinguishing 
of  fires  by  em- 
ployees. 


Facilities,  etc. 


Parks,  etc., 
exempted. 


BOOKS    AND    RETURNS. 

Section  248.  A  railroad  corporation  shall  keep  its  books 
and  accounts  in  the  manner  prescribed  by  the  board  of  railroad 
commissioners,  and  shall  at  all  times  submit  its  books  to  the 
inspection  of  said  board  or  of  any  committee  of  the  general 
court  which  may  be  authorized  to  inspect  them  ;  and  the  direc- 
tors shall  annually,  on  or  before  the  first  Wednesday  of  Sep- 
tember, transmit  to  the  said  board  a  report  of  their  doings  for 
the  year  ending  on  the  thirtieth  day  of  June  preceding,  which 
shall  be  called  the  annual  return  and  which  shall  be  sworn  to  by 
them  and  by  the  treasurer  and  the  chief  accounting  officer  of 
the  corporation.  Such  return  shall  state  whether  any  fatal  ac- 
cident or  serious  injury  has  occurred  to  a  passenger  or  other 
person  upon  the  railroad  during  the  year,  and,  if  so,  the  cause 
of  such  accidenl  or  injury  and  the  circumstances  under  which 
it  occurred;  shall  set  forth  copies  of  all  contracts  or  leases  made 
with  other  railroad  corporations  during  the  year,  and  specify 
the  receipts  and  expenditures  under  the  same;  and  shall  include 
a  detailed  statement  of  all  particulars  relative  to  the  railroad, 
its  business,  receipts  and  expenditures  during  the  year,  in  such 
form  as  shall  be  prescribed  by  said  board  under  the  provisions 
of  section  twenty  of  Part  I.  The  books  of  each  corporation  shall 
be  so  kept  that  returns  may  be  made  in  exact  conformity  with 


Books,  ac- 
counts and  an- 
nual returns. 
R.  S.  39,  §  82. 
1837,  22G,  §  5. 
1S3S,  «.)'.),  *   2. 

1841,  69. 
1849,  191, 
§§  1,4. 
1851,  102,  §  1. 
1854,  423. 

1856.  165. 

1857,  10,  §  5; 
168;  240,  5  2. 
L858,  16,  §  S. 
G.  S  63, 

§g  132   134. 

1862,  135, 

58  l.  2. 

L863,  224,  5  I. 

1st',  I.  167,  j   I. 

L869,  119. 

L870  307,  §  1; 

:;v: 

L871,  381,  j  52. 

1S73.  194. 

is:  I,  372, 

§  171. 

1876,  L73;   L85, 

I  I- 

P.  S.  112,  5  81. 

L889,  328,  §  1. 

K.  1..  11  I     .  83 


115  RAILROADS    FOR    PRIVATE    USE. 

the  form  so  prescribed;  and  the  accounts  shall  be  closed  on  the 
thirtieth  day  of  June  in  each  year,  so  that  a  balance  sheet  of 
that  date  can  be  taken  therefrom  and  included  in  the  return. 
Penialttyto°r       Every  railroad  corporation,  which  neglects  to  make  said  annual 
makeannuai      return  within  the  time  prescribed  in  this  section,  or  to  amend 
r  s.39,  §  82.    said  return  within  fifteen  days,  when  required  by  the  board  of 
L857I40.5  6.'    railroad  commissioners  as  provided  in  said  section  twenty,  shall 
1863, 224;  §  2°'  forfeit,  for  every  such  neglect,  fifty  dollars  for  each  day  during 
lift; 372,          which  such  neglect  continues;  and  if  such  corporation  unreason- 
P1s4'ii2  §84   aDrJ  refuses  or  neglects  to  make  said  return,  it  shall  forfeit  for 
r.  l.  in,  §87.  everY  such  refusal  or  neglect  not  more  than  five  thousand  dol- 
lars. 
Quarterly  re-         Skctiox  210.     Evcrv  railroad  corporation  which  operates  a 

turns.  u  x  i 

1889,241.  railroad  within  this  commonwealth  shall,  within  fifty  days  after 

r.  l!  in,' §  85.  the  expiration  of  each  quarter  of  the  calendar  year,  transmit 
to  the  board  of  railroad  commissioners  a  quarterly  statement  of 
its  business  and  financial  condition,  in  such  form  and  with  such 
detail   as  said  board   may   require,   which  shall   at  reasonable 
times   be   open   to   public    inspection.      A   railroad   corporation 
which  neglects   to  comply  with   the  provisions  of  this   section 
shall  forfeit  fifty  dollars  for  each  day  during  which  such  neg- 
lect continues. 
Lessee  of  road        Section  250.     Every  railroad  corporation  shall,  during  the 
turns  required   continuance  of  any  lease  which  it  has  taken  of  the  railroad  of 
lsetTierc,  §  3.    another  corporation,  make  all  the  returns  required  of  the  les- 
1874.' 372;         sor;  and  during  the  continuance  of  such  lease,  the  lessor  shall 
I>.1sfii2f  §83.  not  be  required  to  make  such  returns,  if,  when  requested  by  the 
it.  l.  111,  §86.  iessee?  the  lessor  furnishes  all  the  information  in  its  possession 
needed  to  make  such  returns ;  but  if  a  railroad  in  this  common- 
wealth is  leased  to  a  lessee  in  another  state,  the  lessors  in  this 
commonwealth  shall  make  the  annual  return. 

RAILROADS    FOR    PRIVATE    USE. 

Railroads  for  Sectiox  251.     A  person  or  corporation  may  construct  a  rail- 

private  use.  -t  •  «     «      • 

1I7I' IP'  roac*-  f°r  Private  llse  in  tne  transportation  of  freight;  but  shall 
§§  175, 176.  not  take  or  use  lands  or  other  property  therefor  without  the 
§§223,  224.  _  consent  of  the  owner  thereof.  No  such  railroad  shall  be  con- 
156  Mass.  159.'  neeted  with  the  railroad  of  another  corporation  without  its  con- 
ns Mass. 363.   s(^t .  nQr  ^jj  jf  j^  constrvtcted  across  or  upon  a  highway,  town 

way  or  travelled  place  without  the  consent  of  the  board  of 
aldermen  of  the  city  or  selectmen  of  the  town,  nor  except  in  a 
place  and  manner  approved  by  them.  If  the  board  of  aldermen 
or  selectmen  consent,  they  shall  from  time  to  time  make  such 
regulations  relative  to  motive  power,  rate  of  speed,  and  time 
and  manner  of  using  the  railroad  over  and  upon  such  way  or 
travelled  place,  as  in  their  judgment  the  public  safety  and  con- 
venience require,  and  they  may  order  such  changes  to  be  made 
in  the  track  as  are  rendered  necessary  by  the  alteration  or  re- 
pair of  such  way.  If  they  allow  steam  power  to  be  used  on 
such  railroad,  the  provisions  of  this  act  relative  to  the  crossing 
of  ways  and  travelled  places  by  railroad  corporations  shall  apply 


CORPORATIONS    TO    CONSTRUCT    RAILROADS,   ETC.  117 

to  such  railroad,  and  to  the  person  or  corporation  constructing 
or  operating  the  same. 

Section  252.     If  the  consent  of  the  board  of  railroad  com-  Regulation  of 
missioners  is  required  for  the  crossing  of  a  way  or  travelled  i89o!^2. 
place  by  a  railroad  for  private  use,  it  may  limit  the  number  of  R-L-111-§280- 
tracks,  and  may  impose  other  conditions  relative  to  the  use  of 
the  crossing  by  said  railroad,  and  may  modify  such  limitations 
and  conditions. 

CORPORATIONS     TO     CONSTRUCT     RAILROADS     IN     FOREIGN     COUN- 
TRIES. 

Section  25-3.     Fifteen  or  more  persons,  a  majority  of  whom  corporation  to 
are  inhabitants  of  this  commonwealth,  may  associate  themselves  roadshffor?1 
by  a  written  agreement  of  association,  with  the  intention  of  i^to.^tS'm' 
forming  a  corporation  to  construct  and  operate  a  railroad,  or  r  f;  iif' f  fii' 
railroad  and  telegraph,  in  any  foreign  country,  but  in  accord- 
ance with  the  laws  of  such  country ;  and,  upon  complying  with 
the  provisions  of  section  two  hundred  and  fifty-five,  shall,  with 
their  associates  and  successors,  be  a  corporation  for  the  purpose 
aforesaid,  with  the  powers  necessary  and  incident  thereto,  and 
with  such   powers  and  privileges,    and   subject  to  such  duties, 
liabilities  and  restrictions,  as  to  the  location,  construction,  main- 
tenance and  operation  of  its  railroad,  or  railroad  and  telegraph, 
and  the  transfer  of  its  property  by  mortgage,  lease  or  otherwise 
as  may  be  fixed  by  such  country. 

Section  254.     The  agreement  of  association  shall  state: —  Agreement  of 

(a)  That  the  subscribers  thereto  associate  themselves  with  the  i8797274,n§  2. 
intention  of  forming  a  railroad  corporation,  or  a  railroad  and  R.L.iii'.fisi*. 
telegraph  corporation. 

(b)  The  corporate  name  assumed. 

(c)  The  termini  of  the  railroad,  or  the  railroad  and  the  tele- 
graph. 

(d)  The  total  amount  of  the  capital  stock  of  the  corpora- 
tion. 

(e)  The  names  and  residences  of  at  least  five  persons,  who 
shall  be  subscribers  to  the  agreement  of  association,  to  act  as 
directors  until  others  are  chosen  and  qualified  in  their  stead. 

Each  associate  shall  subscribe  to  the  agreement  of  associa- 
tion his  name,  residence,  post  office  address,  and  the  number  of 
shares  of  stock  which  he  agrees  to  take;  but  no  subscriber  shall 
be  bound  to  pay  more  than  ten  per  cent  of  the  amount  of  his 
subscription,  unless  a  corporation  is  chartered. 

Section  255.     When  it  is  shown  to  the  satisfaction  of  the  Certificate  of 
board  of  railroad  commissioners  that  the  requirements  of  the  withrequire- 
two  preceding  sections  have  been   complied  with,  the  clerk  of  1879, 274,  §  * 
said  board,   upon   its  order,   shall   annex  to  the  agreement  of  r.l.iii', 1 28s! 
association  a  certificate  setting  forth  that  fact.     The  directors 
shall  thereupon  file  the  agreement  of  association  and  certificate 
in  the  office  of  the  secretary  of  the  commonwealth,  who,  upon 
the  payment  to  him  of  a  fee  of  fifty  dollars,  shall  receive  and 
preserve  the  same  in  form  convenient  for  reference  and  open  to 


118 


CORPORATIONS    TO    CONSTRUCT    RAILROADS,   ETC. 


Form  of 
certificate. 


public  inspection ;  and  shall  thereupon  issue  a  certificate  of  in- 
corporation substantially  in  the  following  form:  — 

Commonwealth  of  Massachusetts. 

Be  it  known,  that  whereas  [names  of  the  subscribers  to  the  agreement 
of  association]  have  associated  themselves  with  the  intention  of  forming 
a  corporation,  under  the  name  of  the  [name  of  the  corporation],  for  the 
purpose  of  locating*,  constructing,  maintaining  and  operating  a  rail- 
road [or  railroad  and  telegraph]  [description  of  the  railroad  or  railroad 
and  telegraph  as  in  the  agreement  of  association],  and  have  complied 
with  the  statutes  of  this  commonwealth  in  such  cases  made  and  pro- 
vided: Now,  therefore,  I,  ,  secretary  of  the 
commonwealth  of  Massachusetts,  do  hereby  certify  that  the  persons 
aforesaid,  their  associates  and  successors,  are  legally  established  as  a 
corporation,  under  the  name  of  the  [name  of  the  corporation],  with 
all  the  powers  and  privileges,  and  subject  to  all  the  duties,  liabilities 
and  restrictions,  set  forth  in  the  general  laws  applicable  to  such  corpo- 
rations. 

In  witness  whereof,  I  have  hereunto  subscribed  my  official  signature, 
and  affixed  the  Great  Seal  of  said  commonwealth,  this  day 

of  ,  in  the  year  [day,  month  and  year]. 


Increase  or 
reduction  of 


The  secretary  of  the  commonwealth  shall  sign  the  certificate 
of  incorporation  and  cause  the  Great  Seal  of  the  commonwealth 
to  be  thereto  affixed,  and  such  certificate  shall  have  the  force 
and  effect  of  a  special  charter.  The  secretary  of  the  common- 
wealth shall  also  cause  a  record  of  the  certificate  of  incorpora- 
tion to  be  made,  and  such  certificate,  or  such  record,  or  a 
certified  copy  thereof,  shall  be  conclusive  evidence  of  the  exist- 
ence of  such  corporation. 

Section  256.  The  corporation  may  from  time  to  time,  at  a 
5£%^74°j;k4  meeting  of  directors  called  for  the  purpose,  reduce  the  amount 
P-S.'ii2,|228.  of  the  capital  stock,  or  increase  it  for  the  purpose  of  con- 
1904, 169,  §  l."  structing  and  equipping  its  railroad  and  extensions  or  branches 
thereof.  If  such  increase  or  reduction  is  made,  a  certificate  of 
the  fact,  signed  by  the  president  of  the  corporation,  shall, 
within  thirty  days  thereafter,  be  filed  in  the  office  of  the  secre- 
tary of  the  commonwealth.  Such  corporation  may,  by  vote  at 
a  meeting  of  its  directors,  purchase,  acquire  or  lease  the  prop- 
erty, stocks,  bonds  or  securities  of  any  railroad  corporation 
whose  line  is  located  in  the  foreign  country  named  in  the 
original  agreement  of  association  of  such  corporation  or  any 
amendment  thereof  made  as  hereinafter  provided,  or  of  any 
steamship  company  associated  in  transportation  or  business  with 
such  corporation,  upon  such  terms  and  for  such  consideration 
as  shall  be  determined  by  such  vote,  and  in  like  manner  may 
appoint  an  executive  committee  from  the  members  of  its  board, 
and  delegate  to  such  committee  such  power  and  authority  as  by 
such  vote  shall  be  provided,  and  in  like  manner  may  divide  the 
directors  into  classes  as  nearly  equal  as  possible  for  the  pre- 
scribed number  of  classes,  and  prescribe  the  tenure  of  office  of 
the  several  classes,  but  no  class  shall  be  elected  for  a  shorter 


CORPORATIONS    TO    CONSTRUCT    RAILROADS,   ETC.  119 

period  than  one  year  or  for  a  longer  period  than  five  years,  and 
the  term  of  office  of  at  least  one  class  shall  expire  at  the  next 
annual  meeting  and  thereafter  at  the  end  of  each  year,  and 
at  each  annual  meeting  after  such  division  directors  shall  be 
elected  only  to  fill  the  place  of  those  whose  term  of  office  shall 
then  expire  as  so  provided  and  shall  hold  office  for  the  period 
so  prescribed,  and  all  directors  shall  hold  office  until  their  suc- 
cessors are  chosen  and  qualified ;  and  such  corporation  may,  by 
vote  at  an  annual  or  a  special  meeting  of  its  stockholders,  called 
for  the  purpose,  amend  its  agreement  of  association  to  provide 
for  constructing  and  operating  a  railroad  in  any  other  foreign 
country  or  countries  in  accordance  with  the  laws  of  such  country 
or  countries,  and  shall  file  such  amendment  in  the  office  of  the 
secretary  of  the  commonwealth  and  pay  him  a  fee  of  fifty  dol- 
lars, and  thereupon  such  corporation  shall  have  the  same  powers 
and  privileges,  and  be  subject  to  the  same  duties,  liabilities  and 
restrictions,  in  all  respects,  as  if  its  agreement  of  association 
had  originally  contained  such  amendment. 

Section  257.     Such  corporation  shall  be  subject  to  the  pro-  statutes  gov- 
visions  of  sections  twenty-nine  to  forty-one,  inclusive,   forty-  corporation. 

•  1S7Q    '^74- 

three  to  forty-five,  inclusive,  and  of  section  fifty-eight,  except  as  §§  5,' 6. 
othervvise  provided  herein.  1904,  i69,§2.  139  Mass.  562.  R.L.m.fll: 

Revised  Laws,  Chapter  14,  §  52. 

TAXATION  OF  CORPORATIONS  FORMED  TO  CONSTRUCT  RAILROADS  IN   FOREIGN 

COUNTRIES. 

Section  52.     A  corporation  formed  under  the  general  laws  of  the  Return  and  tax 
commonwealth  to  construct  railroads,  or  railroads  and  telegraphs,  in  °fcn°rtPocon- 
foreian  countries  shall  for  the  purposes  of  taxation  be  subject  to  the  struct  rail- 

„  .  j>  •  i     n     roao-s  ln 

provisions  of  section  forty-nine,  except  that  the  rate  oi  taxation  shall  foreign  coun- 

be  one-twentieth  of  one  per  cent  per  annum  upon  the  par  value  of  the   1879,  274,  §  6. 

capital  stock,  divided  into  semi-annual  payments  as  provided  in  said   j^-  ^^  46- 

section ;  but  no  other  provisions  of  this  chapter  relative  to  the  assess-   139  Mass.  559. 

ment  of  taxes  upon  corporations  or  the  shareholders  therein  shall  apply 

thereto.     Such  corporation  shall  annually,  between  the  first  and  tenth 

days  of  May,  make  a  return  to  the  tax  commissioner,  under  the  oath 

of  its  treasurer,  of  all  its  shareholders,  their  residences,  the  number  of 

shares  belonging  to  each  on  the  first  day  of  May,  the  amount  of  its 

capital  stock  and  the  par  value  and  market  value  of  the  shares  on  said 

first  day  of  May. 

Section  258.     Chapter  one  hundred  and  eleven  of  the  Tie-  Repeal, 
vised  Laws,  except  section  one  hundred  and  fifty-eight  thereof,  |  t68,  see  'page's 
section  thirteen  of  chapter  five  hundred  and  forty-four  of  the  19's0/i 
acts  of  the  year  nineteen  hundred  and  two,  chapters  fifty-nine 
and  one  hundred  and  sixty-nine  of  the  acts  of  the  year  nineteen 
hundred  and  four,  chapters  two  hundred  and  eight  and   two 
hundred  and  ten  of  the  ads  of  the  year  nineteen  hundred  and 
five,  and  chapter  two  hundred  and  eighty-three  of  the  acts  of 
the  year  nineteen  hundred  and  six,   and,  so  far  only  as  they 
apply  to  railroads  or  railroad  corporations,  their  officers,  agents 


120  CORPORATIONS    TO    CONSTRUCT    RAILROADS,  ETC. 

or  employees,  sections  thirty-seven,  thirty-eight,  thirty-nine, 
forty,  forty-two,  sixty-one  and  sixty-two  of  chapter  fourteen  of 
the  Revised  Laws,  sections  nine,  ten,  eleven,  fifteen,  seventeen, 
twenty,  twenty-one,  twenty-four,  twenty-five,  twenty-seven, 
twenty-eight,  thirty,  thirty-one,  thirty-two,  thirty-three,  thirty- 
four,  thirty-five,  forty,  fifty-two,  fifty-three,  fifty-four,  fifty- 
five,  fifty-six  and  fifty-seven  of  chapter  one  hundred  and  nine 
of  the  Revised  Laws,  section  nineteen  of  chapter  one  hundred 
and  ten  of  the  Revised  Laws  and  chapter  four  hundred  and 
twenty-three  of  the  acts  of  the  year  nineteen  hundred  and  three 
are  hereby  repealed. 
how  'construed,  Section  259.  The  provisions  of  this  act,  so  far  as  they  are 
the  same  as  those  of  existing  statutes,  shall  be  construed  as  a 
continuation  thereof,  and  not  as  new  enactments,  and  a  reference 
in  a  statute  which  has  not  been  repealed  to  provisions  of  law 
which  have  been  wholly  or  partially  revised  and  re-enacted 
herein  shall  be  construed  as  applying  to  such  provisions  as  so 
ali^pending  incorporated  in  this  act.  The  repeal  of  a  law  by  this  act  shall 
actions,  etc.  not  affect  any  act  done,  ratified  or  confirmed,  or  any  right  ac- 
crued or  established,  or  any  action,  suit  or  proceeding  com- 
menced under  any  of  the  laws  repealed  before  the  repeal  took 
effect,  or  any  action,  suit  or  proceeding  pending  at  the  time  of 
the  repeal  for  an  offence  committed,  or  for  the  recovery  of  a 
penalty  or  forfeiture  incurred,  under  any  of  the  laws  repealed ; 
but  the  proceedings  shall,  when  necessary,  conform  to  the  pro- 
visions of  this  act.  Any  provision  of  this  act  by  which  a  pun- 
ishment, penalty  or  forfeiture  is  mitigated  may  be  extended 
and  applied  to  any  judgment  pronounced  after  said  repeal. 


MATTERS    OF    CONSTRUCTION. 


121 


Part  III. 

OF   STREET  RAILWAY   COMPANIES. 


Section 

1.  Matters  of  construction. 

2.  Companies  subject  to  the  provisions 

of  the  chapter. 
3-9.  Formation. 

10-11.  Organization. 

12-13.  Officers. 

14-20.  Meetings. 

21-29.  Capital  6tock. 

30-41.  Corporate  powers. 

42-50.  Land. 

51-57.  Lease  or  sale  of  railway. 

58.  Issue  of    securities   by   foreign  cor- 
porations. 

59-63.  Gae  and  electricity. 

64.  Extension  of  location. 

65.  Alteration  of  location. 

66.  Revocation  of  location. 
67-69.  Street  or  highway  widening. 
70-72.  State  highways. 


Section 
73-95.  Operation. 
96-102.  Fares  and  accommodations. 

103.  Increase  of  capital  stock  and  issue 

of  bonds. 

104.  Reduction  of  capital  stock. 
105-106.  Stock  and  scrip  dividends. 
107-112.  Issue  of  capital  stock,  bonds,  coupon 

notes  and  other  evidences  of  in- 
debtedness. 

113-116.  Railroad  crossings. 

117-121.  Liens  for  labor  and  materials. 

122-124.  Change  of  name. 

125-137.  Taxation. 

138-143.  Dissolution. 

144-146.  Sale  by  receivers. 

147-150.  Savings  banks. 

151-155.  Books,  returns  and  reports. 

156-157.  Additional  remedies. 


MATTERS    OF    CONSTRUCTION. 


Definitions. 
1874,  372,  5  2. 
P.  S.  112.  §  1. 
1892,  110. 
1898,  57N,  5  1. 


Section  1.  In  this  act,  unless  the  context  otherwise  re- 
quires : 

"  Street  railway "  or  "  railway  "  means  a  railroad  or  rail- 
way, including  poles,  wires  or  other  appliances  and  equipment  19"3 m£ss.'308 
connected  therewith,  of  the  class  operated  by  motive  power 
other  than  steam,  and  usually  constructed  upon  the  public  ways 
and  places. 

"  Location  "  as  applied  to  a  street  railway,  moans  the  grant 
to  a  street  railway  company  of  the  right  to  construct,  maintain 
and  operate  a  street  railway  in  a  public  way  or  place 

"  Original  ",  as  applied  to  a  street  railway  location  in  a  city 
or  town,  means  the  first  location  granted  to  the  company  in  such 
city  or  town. 

"  Extension "  means  any  railway  constructed  by  a  street 
railway  company  in  a  city  or  town  in  addition  to  that  author- 
ized by  its  original  location  therein. 

"Board  of  aldermen",  or  "selectmen",  includes  the  board 
or  other  authority  exercising  the  powers  of  a  board  of  aldermen 
or  of  selectmen ;  but  nothing  herein  shall  be  construed  as  affect- 
ing the  veto  power  of  a  mayor  of  any  city. 

"  Public  way"  means  any  way  laid  out  by  public  authority. 

Section    2.      Street  railway   companies   shall   be   subject   to  Companies 
the  provisions  of  Parts  I  and  III.     Companies  which  have  been  provlsfo! 
specially   chartered   shall   continue   to   exercise    and    enjoy    the  W64.229fr" 
powers  and  privileges  granted  and  be  subject  to  all  the  Habile  lO-  (;^1 
ties  imposed  by  their  respective  charters,  except  as  modified  and  ||  ^  ||-  .  } 
controlled  by  any  act  in  amendment  thereof  or  by  the  provisions  P.S.  iiai,  §  i. 
of  this   act.      All   street    railway   companies   whether   organized   8§i.'28.' 
under  general  or  special  laws  shall  be  subject   to  any  other  gen-  r.l!ii2;§  l 

]  2  Allen,  262. 


122 


FORMATION. 


Formation  of 
street  railway 
company. 
1874,  29,  §  1. 
P.  S.  113,  §  2. 

Agreement  of 
association. 

1863,  100. 

1864,  229,  §  21. 
1871,  381,  §27. 
1874   29, 

§§  2,  3,  4,  7. 
1877,  105. 
P.  S.  113, 
§§  3,4. 
R.  L.  109,  §  8. 
R.  L.  112, 
§§  3,4,5. 
1905,  80. 


Clerk  and 
treasurer; 
vacancies. 
1874,  29,  §  4. 
P.  S.  113,  §  5. 
R.  L.  112,  §  5. 


Publication  of 
agreement  of 
association. 
1874,  29,  §  5. 
P.  S.  113,  §  6. 
R.  L.  112,  §  6. 


eral  laws  applicable  thereto.  All  provisions  of  law  which  may 
be  in  force  at  the  time  of  the  enactment  hereof  and  are  appli- 
cable to  the  Boston  Elevated  Railway  Company  or  to  companies 
whose  railways  were,  on  the  first  day  of  October  in  the  year 
eighteen  hundred  and  ninety-eight,  leased  or  operated  by  it, 
shall  remain  in  full  force  and  effect  in  respect  of  said  company 
and  companies. 

FORMATION. 

Section  3.  Fifteen  or  more  persons  may  associate  them- 
selves by  a  written  agreement  of  association  with  the  intention 
of  forming  a  street  railway  company.    R.  l.  112,  §3.      190  Mass.  530. 

Section  4.     The  agreement  of  association  shall  state: 

(a)  That  the  subscribers  thereto  associate  themselves  with 
the  intention  of  forming  a  street  railway  company. 

(6)  The  corporate  name  assumed,  which  shall  be  one  not  in 
use  by  any  other  street  railway  company  in  this  commonwealth, 
or,  in  the  judgment  of  the  board  of  railroad  commissioners, 
so  similar  thereto  as  to  be  likely  to  be  mistaken  for  it,  and 
which  shall  contain  the  words,  "  street  railway  company  ",  at 
the  end  thereof. 

(c)  The  termini  of  the  railway. 

(d)  The  length  of  the  railway,  as  nearly  as  may  be. 

(e)  The  name  of  each  county,  city  and  town  in  which  the 
railway  is  to  be  located. 

(/*)  The  gauge  of  the  railway,  which  shall  be  four  feet  eight 
and  one  half  inches. 

(g)  The  total  amount  of  the  capital  stock  of  the  company, 
which  shall  be  not  less  than  ten  thousand  dollars  for  each  mile, 
unless  the  railway  is  to  be  wholly  outside  of  a  city,  in  which 
case  said  stock  shall  be  not  less  than  five  thousand  dollars  for 
each  mile. 

(h)  The  par  value  of  the  shares,  which  shall  be  one  hundred 
dollars. 

(0  The  names  and  residences  of  at  least  five  persons,  who 
shall  be  subscribers  to  the  agreement  of  association,  to  act  as 
directors  until  others  are  chosen  and  qualified  in  their  stead. 

Each  associate  shall  subscribe  to  the  agreement  of  associa- 
tion his  name,  residence,  post  office  address,  and  the  number  of 
shares  of  stock  which  he  agrees  to  take ;  but  no  subscriber  shall 
be  bound  to  pay  more  than  ten  per  cent  of  the  amount  of  his 
subscription  unless  a  company  is  incorporated. 

Section  5.  The  directors  shall  appoint  a  clerk  and  a  treas- 
urer who  shall  hold  their  respective  offices  until  a  clerk  and  a 
treasurer  of  the  company  are  chosen  and  qualified  in  their  stead. 
The  directors  shall  fill  any  vacancy  in  their  board,  or  in  the 
office  of  clerk  or  treasurer,  before  the  organization  of  the  com- 
pany. 

Section  6.  The  directors,  before  applying  for  locations  for 
a  railway,  shall  cause  a  copy  of  the  agreement  of  association  to 
be  published  in  a  newspaper,  if  any,  published  in  each  of  the 
cities  and  towns  in  which  the  railway  is  to  be  located,  and,  if, 


122b 


1908. 

Chapter  2(56. 
An  Act  relative  to  Temporary  Locations  for  Street  Railways. 

Section  1.     If  a  bridge  upon  which  a  street  railway  company  is  au-  Temporary 
thorized   to  lay  and  use  tracks  is  being  or   is  to  be  altered,  rebuilt,  street°rail-0r 
improved  or  repaired,  the  board  of  aldermen  of  a  city  or  the  select-  wava- 
men  of  a  town  upon  the  petition  of  the  president  or  a  majority  of  the 
directors  of  such  street  railway  company  may  grant  a  temporary  loca- 
tion for  the  extension  of  the  tracks  of  such  company  in   any  streets 
or  highways  in   such  city  or  town  so  as  to  provide  such  connection 
between  the  existing  tracks  of  such  street  railway  company  upon  either 
side  of  such  bridge  as  will  prevent  any  interruption  of  proper  trans- 
portation facilities  by  reason  of  such  alteration,  improvement,  rebuild- 
ing or  repair,  and  may  prescribe  how  said  tracks  shall  be  laid  and 
the  kind  of  rails,  poles,  wires  and  other  appliances  to  be  used. 

Section  2.     A  street  railway  company  whose  petition  for  such  tern-  Applications 
porary  location  has  been  refused  in  whole  or  in  part,  or  has  been  neither  raifroaddcom- 
granted  nor  refused,  within  fourteen  days  after  the  filing  thereof,  may  missioners. 
apply  to  the  board  of  railroad  commissioners  for  such  temporary  loca- 
tion.    If  it  shall  appear  to  the  board  of  railroad  commissioners  that 
public  necessity  and  convenience  require  such  temporally  location,  the 
board  may  enter  a  decree  granting  the  same.     In  granting  the  location 
the  board  may  prescribe  the  use  of  such  appliances  and  impose  such 
conditions  and  obligations  as  seem  to  them  proper. 

Section  3.  The  temporary  location  herein  provided  for,  if  granted  Location  not 
by  municipal  authority,  shall  not  be  valid  unless  the  board  files  with  the  va  l  un  ess' 
clerk  of  the  city  or  town  concerned  a  certificate  that  the  granting  of 
the  location  is  consistent  with  the  public  interest;  and  in  no  case  shall 
the  location  be  valid  unless  within  thirty  days  after  the  filing  of  the 
said  certificate,  or  after  the  entering  of  a  decree  by  the  said  board,  a 
majority  of  the  directors  of  the  company  shall  file  with  the  said  board 
a  written  acceptance  of  the  location. 

Section  4.  A  street  railway  company  which  is  granted  such  tempo-  Limit  of 
rary  location  for  the  extension  of  its  tracks  shall  not  maintain  such  onocatb"8.6 
tracks  nor  operate  cars  over  the  same  beyond  the  period  during  which 
the  operation  of  its  cars  over  such  bridge  is  interrupted  by  reason  of 
such  alteration,  improvement,  rebuilding  or  repair,  and  at  the  end  of 
such  period  shall  remove  its  tracks  from  the  streets  or  highways  upon 
and  over  which  such  temporary  location  has  been  granted. 

Section  5.     If  such  bridge  is  altered,  rebuilt,  improved  or  repaired  Expense  of 

'.  _  construction  of 

under  the  provisions  ot  sections  twenty-three,  twenty-tour,  twenty-five,  tracks  to  be 
twenty-six,  twenty-seven  and  twenty-eight  of  Part  I  of  chapter  four  aPP°rtlone  • 
hundred  and  sixty-three  of  the  ads  of  the  year  nineteen  hundred  and 
six,  the  cost  of  the  construction  oC  the  tracks  of  the  street  railway  com- 
pany upon  and  over  such  temporary  location  shall  be  reckoned  as  a 
part  of  the  charges  and  expenses  of  the  alteration,  improvement  or 
repair  of  the  crossing,  to  be  apportioned  by  the  special  commission  as 
provided  thereunder.     [Approved  March  24,  1908. 


122c 


1906,  463, 
part  III,  § 
amended. 


Locations  of 
street  railway 
companies. 


Proviso. 


1909. 

Chapter  417,  $  1. 
An  Act  relative  to  Locations  of  Street  Railway  Companies. 

Section  1.  Section  seven  of  Part  III  of  chapter  four  hundred  and 
sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six  is  hereby 
amended  by  striking  out  the  words  "  by  the  president  or  a  majority  of 
the  directors ",  in  the  second  and  third  lines,  and  inserting  in  place 
thereof  the  words :  —  executed  in  accordance  with  the  by-laws  or  a  vote 
of  the  directors,  —  by  striking  out  the  word  "  thirty  ",  in  the  forty- 
second  line,  and  inserting  in  place  thereof  the  word :  —  sixty,  —  by 
striking  out  the  words  "  a  majority  of  the  directors ",  in  the  forty- 
fourth  line,  and  inserting  in  place  thereof  the  word :  —  it,  —  and  by 
inserting  after  the  word  "  location  ",  in  the  forty-fifth  line,  the  words : 
—  executed  in  accordance  with  its  by-laws  or  a  vote  of  its  directors, 
— ■  so  as  to  read  as  follows :  —  Section  7.  The  board  of  aldermen  of 
a  city  or  the  selectmen  of  a  town,  upon  the  petition  executed  in  accord- 
ance with  the  by-laws  or  a  vote  of  the  directors  of  a  street  railway 
company  organized  or  in  process  of  organization  under  the  provisions 
of  this  act,  or  organized  under  a  special  act,  for  an  original  location 
of  tracks  in  such  city  or  town,  shall  give  fourteen  days'  notice  of  the 
time  and  place  for  a  hearing  on  such  petition  by  publication  thereof 
in  one  or  more  newspapers,  if  any,  published  in  said  city  or  town; 
otherwise,  in  such  newspaper  or  newspapers  published  in  the  county  in 
which  the  city  or  town  is  situated  as  shall  be  designated  by  the  board 
of  aldermen  or  the  selectmen  of  such  city  or  town ;  and  if,  after  a  hear- 
ing, they  are  of  opinion  that  public  necessity  and  convenience  so  re- 
quire, they  may  grant  said  location,  or  any  portion  thereof,  and  may 
prescribe  how  the  tracks  shall  be  laid,  and  the  kind  of  rails,  poles,  wires 
and  other  appliances  which  shall  be  used,  and,  in  addition  to  the  gen- 
eral provisions  of  law  governing  such  companies,  and  in  respect  of 
matters  not  treated  of  in  such  provisions,  impose  such  other  terms, 
conditions  and  obligations,  incidental  to  and  not  inconsistent  with  the 
objects  of  a  street  railway  company,  as  the  public  interests  may  in 
their  judgment  require;  but  no  such  location  shall  be  valid,  until  the 
board  of  railroad  commissioners,  after  public  notice  and  a  hearing, 
shall  certify  that  such  location  is  consistent  with  the  public  interests. 

If  the  board  of  railroad  commissioners  requires  an  alteration  in  such 
location  before  certifying  that  the  same  is  consistent  with  the  public 
interests,  said  board  shall  notify  the  board  of  aldermen  or  selectmen 
granting  such  location  of  such  alteration ;  and  thereafter  said  board  of 
aldei'men  or  selectmen  may  amend  such  location  in  accordance  with 
such  alteration :  provided,  that,  if  such  alteration  involves  a  change  in 
the  route  of  the  railway,  public  notice  and  a  hearing  shall  be  given  as 
hereinbefore  provided  in  the  case  of  an  original  application  for  a  loca- 
tion ;  and  thereafter  the  board  of  railroad  commissioners  may,  as  a  part 
of  the  original  proceedings  before  it,  certify  that  such  location  so 
amended  is  consistent  with  the  public  interests.  A  location  so  certified 
to  be  consistent  with  the  public  interests,  shall  be  the  true  location,  if, 
within  sixty  days  after  the  issue  of  notice  of  said  certification  to  the 
company,  it  shall  file  a  written  acceptance  of  such  location,  executed 
in  accordance  with  its  by-laws  or  a  vote  of  its  directors,  with  the  board 
of  aldermen  or  selectmen.  A  location  granted  bv  a  board  of  alder- 
men or  selectmen,  but  refused  certification  hereunder  by  the  board  of 
railroad  commissioners,  or  not  accepted  as  hereinbefore  provided,  shall 


122d 


be  void.  Such  location  shall  also  be  void,  if  the  certificate  of  incor- 
poration of  the  street  railway  company  is  not  issued,  and  its  organi- 
zation is  not  completed,  within  eighteen  months  after  said  issue  of 
said  notice,  of  said  certification,  or  if  application  for  said  certification 
is  not  made  to  the  board  of  railroad  commissioners  within  thirty  days 
after  the  grant  of  said  location  by  the  board  of  aldermen  or  selectmen. 
If  in  any  city  or  town  the  original  location  of  a  street  railway  com- 
pany expires,  is  revoked,  or  otherwise  becomes  void,  the  provisions  of 
this  section  shall  apply  to  a  new  petition  for  an  original  location 
therein.  All  locations  which  were  granted  or  in  use  before  the  first 
day  of  October  in  the  year  eighteen  hundred  and  ninety-eight  are  rati- 
fied and  confirmed  as  if  they  bad  been  accepted  under  the  provisions 
of  this  section,  and  shall  continue  in  force,  subject  only  to  revocation 
as  provided  in  section  sixty-six,  and  to  the  general  provisions  of  law 
governing  such  companies. 


FORMATION.  123 

in  any  county,  a  newspaper  is  published  in  none  of  said  cities 
and  towns  therein,  in  such  newspaper  published  in  said  county 
as  shall  be  designated  by  the  board  of  railroad  commissioners, 
at  least  once  in  each  of  three  successive  weeks ;  and  the  sworn 
certificate  of  the  clerk  shall  be  conclusive  evidence  of  such  publi- 
cation. 

Section"  7.     The  board  of  aldermen  of  a  city  or  the  select-  location 

.  ,  .    .  ,  •■  .  -■        ''  .        .  l»o4,  229,  §  14. 

men  oi  a  town,  upon  the  petition  by  the  president,  or  a  majority  i|7i,38i,  §  u. 
of  the  directors,  of  a  street  railway  company  organized  or  in  p.  s.'ii3,  §7. 
process  of  organization  under  the  provisions  of  this  act,  or  or-  r.l!h2|§7.' 
ganized  under  a  special  act,  for  an  original  location  of  tracks  3JJ92'  395'  396' 
in  such  city  or  town,  shall  give  fourteen  days'  notice  of  the  ^5  $^1'.  Hi'. 
time  and  place  for  a  hearing  on  such  petition  by  publication  \l?y  ^^- 1^9- 
thereof  in  one  or  more  newspapers,  if  any,  published  in  said  J||  Mass.  294. 
city  or  town ;  otherwise,  in  such  newspaper  or  newspapers  pub-  188  Mass.  iso. 
lished  in  the  county  in  which  the  city  or  town  is  situated  as  192' Mass.  106. 
shall  be  designated  by  the  board  of  aldermen  or  the  selectmen  392,4'89.'] 
of  such  city  or  town ;  and  if,  after  a  hearing,  they  are  of  opinion  25?is9G\]'    ay 
that   public   necessity   and   convenience   so   require,    they  may  ffjf.'/g.53, 
grant  said  location,  or  any  portion  thereof,  and  may  prescribe  r  l  IsVu9' 
how  the  tracks  shall  be  laid,  and  the  kind  of  rails,  poles,  wires 
and  other  appliances  which  shall  be  used,  and,  in  addition  to 
the  general  provisions  of  law  governing  such  companies,  and  in 
respect  of  matters  not  treated  of  in  such   provisions,   impose 
such  other  terms,  conditions  and  obligations,  incidental  to  and 
not  inconsistent  with  the  objects  of  a  street  railway  company, 
as  the  public  interests  may  in  their  judgment  require;  but  no 
such  location  shall  be  valid,  until  the  board  of  railroad  com- 
missioners, after  public  notice  and  a  hearing,  shall  certify  that 
such  location  is  consistent  with  the  public  interests.* 

If  the  board  of  railroad  commissioners  requires  an  altera- 
tion in  such  location  before  certifying  that  the  same  is  con- 
sistent  with  the  public  interests,  said  board  shall  notify  the 
board  of  aldermen  or  selectmen  granting  such  location  of  such 
alteration ;  and  thereafter  said  board  of  aldermen  or  selectmen 
may  amend  such  location  in  accordance  with  such  alteration: 
provided,  that,  if  such  alteration  involves  a  change  in  the 
route  of  the  railway,  public  notice  and  a  hearing  shall  be  given 

*  Tn  acting  under  the  provisions  of  chapter  3!)'.)  of  flip  Acts  of  1902,  now  1;i0(;,  4fi3,  part  TIT, 
§  7,  the;  Board  of  Railroad  Commissioners  makes  the  following  requirements  a  condition 
of  approval  of  locations  granted  to  street  railway  companies:  — 

Every  location  must  be  accompanied  bya  plan  showing  the  place  in  the  highway  to  be 
occupied  by  the  railway,  including  turnouts,  and  by  trolley  poles.  The  plan  should  also 
give  grades  and  street  lines  and  such  other  information  as  may  be  practicable. 

The  following  conditions  should  be  attached  to  grants  of  location :  — 

1.  Tee  rails  to  be  not  less  than  sixty  (60)  pounds  per  \  ard  in  weight. 

2.  Ties  to  be  of  suitable  timber  not'  less  than  seven  (7)  feet  in  length,  six  (6)  inches  thick, 
With  six  (0)  inches  face,  and  spaced  not  more  than  two  (-)  feet  on  centres. 

8.  The  roadbed  to  be  constructed  with  at  least  eighteen  (18)  inches  of  suitable  ballast  he- 
low  base  of  rail,  and  properly  drained. 

4.  The  railway  to  be  continuously  on  one  side  or  in  the  centre  of  the  driveway  when  cir- 
cumstances permit,  and  wherever  practicable  to  be  separated  from  the  driveway,  in  all 
cases  the  clearance  from  rail  to  any  obstruction  to  be  at  Least  four  and  one-half  (4%)  feet 
on  tangents  and  more  in  proportion  on  curves. 

5.  The  roadway  independent  of  the  raMway  to  be  of  sufficient  width  to  properly  accom- 
modate other  travel. 

6.  Crossings  of  railway  from  one  side  to  the  other  of  the  highway  to  be  avoided,  but  if 
permitted,  only  with  provision  for  proper  regulation  respecting  the  operation  of  cars  and 
re-ii  fiction  of  speed. 

These  requirements  are  not  to  exclude  other  suitable  conditions  and  restrictions  by  local 
boards  ur  by  this  board  as  the  circumstances  in  particular  cases  may  require. 


124 


FORMATION. 


as  hereinbefore  provided  in  the  case  of  an  original  application 
for  a  location;  and  thereafter  the  board  of  railroad  commis- 
sioners may,  as  a  part  of  the  original  proceedings  before  it, 
certify  that  such  location  so  amended  is  consistent  with  the 
public  interests.  A  location  so  certified  to  be  consistent  with 
the  public  interests,  shall  be  the  true  location,  if,  within  thirty 
days  after  the  issue  of  notice  of  said  certification  to  the  com- 
pany, a  majority  of  the  directors  shall  file  a  written  acceptance 
of  such  location  with  the  board  of  aldermen  or  selectmen.  A 
location  granted  by  a  board  of  aldermen  or  selectmen,  but 
refused  certification  hereunder  by  the  board  of  railroad  com- 
missioners, or  not  accepted  as  hereinbefore  provided,  shall  be 
void.  Such  location  shall  also  be  void,  if  the  certificate  of 
incorporation  of  the  street  railway  company  is  not  issued,  and 
its  organization  is  not  completed,  within  eighteen  months  after 
said  issue  of  said  notice  of  said  certification,  or  if  application 
for  said  certification  is  not  made  to  the  board  of  railroad  com- 
missioners within  thirty  days  after  the  grant  of  said  location 
by  the  board  of  aldermen  or  selectmen.  If  in  any  city  or  town 
the  original  location  of  a  street  railway  company  expires,  is 
revoked,  or  otherwise  becomes  void,  the  provisions  of  this  sec- 
tion shall  apply  to  a  new  petition  for  an  original  location 
therein.  All  locations  which  were  granted  or  in  use  before  the 
first  day  of  October  in  the  year  eighteen  hundred  and  ninety- 
eight  are  ratified  and  confirmed  as  if  they  had  been  accepted 
under  the  provisions  of  this  section,  and  shall  continue  in  force, 
subject  only  to  revocation  as  provided  in  section  sixty-six,  and 
to  the  general  provisions  of  law  governing  such  companies. 


Streets,  etc., 
not  to  be  laid 
out  over  a 
common,  etc. 
1875,  163,  §  1. 
P.  S.  54,  §  13. 
166  Mass.  366. 


Taking  of 
lands  of  a 
public  institu- 
tion regulated. 
1875,  163,  §  3. 
P.  S.  54,  §  15. 


Making  road, 
etc.,  through 
burial  ground. 
1834,  187,  §  1. 
R.  S.  24,  §§  59, 
60;  30,  §  21. 
G.  S.  165,  §  40. 
P.  S.  207,  §  51. 


Revised  Laws,  Chapter  53,  §§  17,  19. 

Section  17.  No  highway,  town  way,  street,  turnpike,  canal,  rail- 
road or  street  railway  shall  be  laid  out  or  constructed  over  a  common 
or  park  dedicated  to  the  use  of  the  public,  or  appropriated  to  such 
use  without  interruption  for  a  period  of  twenty  years;  nor  shall  any 
part  of  such  common  or  park  be  taken  for  widening  or  altering  a  high- 
way, town  way  or  street,  except  with  the  consent  of  the  inhabitants 
of  the  city  or  town,  after  public  notice,  given  in  the  manner  provided 
in  cases  of  the  location  and  alteration  of  highways,  stating  the  extent 
and  limits  of  the  portion  thereof  proposed  to  be  taken.  Such  consent 
shall  be  expressed  by  vote  of  the  inhabitants,  if  ten  or  more  voters 
file  a  request  in  writing  to  that  effect  with  the  selectmen  or  the  mayor 
and  aldermen  within  thirty  days  after  the  publication  of  the  notice; 
in  the  absence  of  such  'request,  consent  shall  be  presumed. 

Section  19.  Land  of  a  public  institution  belonging  to  the  common- 
wealth shall  not  be  taken  for  a  highway,  town  way,  street,  turnpike, 
canal,  railroad  or  street  railway  without  leave  of  the  general  court. 

Revised  Laws,  Chapter  212,  §  69. 

Section  69.  Whoever  lays  out,  ope,ns,  or  makes  a  highway  or  town 
way,  or  constructs  a  railroad  or  canal,  or  any  other  thing  in  the  nature 
of  a  public  easement,  over,  through,  in  or  upon  any  part  of  an  en- 
closure, which  is  the  property  of  a  city,  town,  parish,  religious  society 
or  of  private  proprietors  and  is  used  or  appropriated  for  the  burial 


12ib 


1908. 

Chapter  301. 

An  Act  to  authorize  the  Metropolitan  Park  Commission  to  grant  Locations  to 

Electric  Railroad  Companies. 

Section  1.     Section  one  of  chapter  four  hundred  and  thirteen  of  the  1900,  413, 
acts  of  the  year  nineteen  hundred  is  hereby  amended  by  inserting  after  If  amended?11 
the  word  "  railways  ",  in  the  third  line,  the  words :  —  or  electric  rail- 
roads,—  so  as  to  read  as  follows: — Section  1.     The  board  of  metro-  Metropolitan 
politan  park  commissioners  shall  have  authority  to  grant  locations,  as  ^onera'may8" 
provided  herein,  to  street  railways  or  electric  railroads  within  the  roads,  srant  locations 

c  ....  .  to  street  rail- 

boulevards,  parks  and  reservations  in  its  care  and  control.  ways  or  electric 

Section  2.  Section  two  of  said  chapter  is  hereby  amended  by  in- 
serting after  the  word  "  company  ",  in  the  second  line,  the  words :  — 
or  of  an  electric  railroad  company,  —  and  by  striking  out  the  word 
"  railroad  ",  in  the  twenty-first  line,  so  as  to  read  as  follows :  —  Sec-  To  give  notice 
tion  2.  Said  board,  upon  petition  of  the  directors  of  a  street  railway  p^acefor  hear- 
company,  or  of  an  electric  railroad  company,  or  of  a  majority  thereof,  ms-  etc- 
for  such  location,  shall  give  notice  to  all  parties  interested  of  the  time 
and  place  at  which  the  board  will  give  a  hearing  upon  such  petition, 
at  least  fourteen  days  before  the  hearing,  by  publication  in  one  or 
more  newspapers  published  in  each  city  or  town  in  which  the  location 
petitioned  for  would  lie,  and  if  none  such  is  published  then  by  publi- 
cation in  one  or  more  newspapers  published  in  each  county  in  which 
the  location  petitioned  for  would  lie;  and  after  hearing,  if  in  the 
opinion  of  the  board  public  convenience  and  necessity  so  require,  it 
may  grant  such  location,  or  any  part  thereof,  upon  such  terms,  con- 
ditions and  obligations,  and  for  such  compensation,  as  the  public  in- 
terest and  a  due  regard  for  the  rights  of  the  commonwealth  may 
require:  provided,  that  nothing  herein  contained  shall  authorize  the  Proviso, 
said  board  to  grant  a  location  for  poles  and  overhead  wires  in  any 
road,  boulevard,  park  or  parkway,  without  the  approval  of  the  gov- 
ernor and  council.  Such  locations  shall  be  void  unless  accepted  in 
writing  by  the  directors  of  such  company,  or  by  a  majority  thereof, 
within  thirty  days  after  receiving  notice  thereof. 

Section  3.    Section  three  of  said  chapter  is  hereby  amended  by  strik- 
ing out   the   word   "  railroad ",  in   the   seventh   line,   and  inserting  in 
place   thereof  the   word  :  —  such,  —  so   as   to   read   as  follows :  —  Sec-  Locations 
lion  3.     Said  board  may  by  order  alter,  extend  or  revoke  any  location  ^nde^oT 
granted  by  it  whenever  in  its  opinion  the  public  interest  or  the  rights  revoked,  etc. 
of  the   commonwealth   so   require :   provided,  however,  that   before  so  Provisos, 
doing  notice  and  hearing  shall  be  given  to  the  company  and  all  persons 
interested,  as  provided  in  section  two  of  this  act;  and  provided,  fur- 
ther, that  any  such   company  or  any  persons  interested  in   any  such 
order  may  appeal  therefrom  to  the  governor  and  council,  within   four- 
teen days  after  the  filing  of  a  copy  of  such  order  as  hereinafter  pro- 
vided. 

Section  4.  Section  four  of  said  chapter  is  hereby  amended  by  in- 
serting after  the  word  "railway",  in  the  third  line,  the  words:  —  or 
electric  railroad,  —  so  as  to  read  as  follows:  —  Section  1.     Said  board,  Copy  of  order 

.  .  .  to  permit  loca- 

willim  fourteen  days  after  making  any  order  which  operates  to  per-  Hon,  etc,  to 
mit  a  use  or  location  hereunder  to  any  street  railway  or  electric  rail-  with  clerk  of 
road,  or   an   extension,   alteration   or   revocation   of  a   use  or   location  city  or  town. 
previously  granted,  shall    deposit   a   copy   of   such   order   in    the   office 
of  the  clerk  of  the  city  or  town  within  which  the  location  or  use  is 


124c 

permitted,  altered,  extended  or  revoked,  and  the  clerk  of  that  city  or 
town  shall  receive  and  record  the  same. 

Section  5.  Section  six  of  said  chapter  is  hereby  amended  by  in- 
serting after  the  woi'd  "  railway  ",  in  the  first  line,  the  words :  —  or 
Certain  pro-  electric  railroad,  —  so  as  to  read  as  follows:  —  Section  6.  All  street 
toapply,  eto!  railway  or  electric  railroad  companies  operating  hereunder  shall  remain 
subject  to  the  duties  and  liabilities  imposed  by  other  provisions  of  law 
not  inconsistent  herewith,  and  shall  have  the  powers,  duties  and  rights 
herein  authorized,  all  of  which  shall  be  in  addition  to  and  in  amendment 
of  any  charter  or  special  provision  of  law  or  of  the  general  laws  under 
which  they  are  organized. 

Section  6.    This  act  shall  take  effect  upon  its  passage.     [Approved 
March  27,  1908. 


FORMATION.  125 

of  the  dead,  unless  authority  for  that  purpose  is  specially  granted  by 
law,  or  unless  the  consent  of  such  city,  town,  parish,  religious  society 
or  proprietors,  respectively,  is  first  obtained,  shall  be  punished  by  a  fine 
of  not  more  than  two  thousand  dollars  or  by  imprisonment  for  not 
more  than  one  year. 

Revised  Laws,  Chapter  28,  §  11. 

Section  11.     Land  taken  for  or  held  as  a  park  by  cities  and  towns  Parks  to  be 
under  the  provisions  of  this  chapter  shall  be  forever  kept  open  and   1882?  154,  §  10. 
maintained  as  public  parks ;  but,  except  in  parks  in  the  city  of  Boston   1893>  75- 
and  in  parks  comprising-  less  than  one  hundred  acres  in  extent,  structures 
for  shelter,  refreshment  and  other  purposes  may  be  erected   of  such 
material  and  in  such  places  as,  in  the  opinion  of  the  fire  commissioners, 
if  any,  do  not  endanger  buildings  beyond  the  limits  of  such  park;  and 
the  provisions  of  section  twenty  of  chapter  fifty-three  shall  not  apply 
to  such  building's.     No  street  or  way  and  no  steam  railroad  or  street 
railway   shall  be   laid   out   over  any  portion  of   such   park   except   in 
places  and  hi  the  manner  approved  by  the  board  of  park  commissioners. 

Revised  Laws,  Chapter  10,  §  20. 
Section  20.     The  land  now  taken  by  the  commonwealth  about  the  Land  around 
state  house  shall  remain  an  open  space,  and  no  railroad   or  railway  remainopen.0 
shall  be  constructed  or  operated  in,  upon  or  over  the  same.     A  grant   1894-  532>  6- 
made  to  a  railroad  or  railway  corporation  shall  not  be  construed  to 
include  any  portion  of  said  land. 

Acts  of  1900,  Chapter  413. 

An  Act  to  authorize  the  Board  of  Metropolitan  Park  Commissioners  to  grant 
Locations  to  Street  Railway  Companies. 

Section  1.  The  board  of  meti'opolitan  park  commissioners  shall  have  Metropolitan 
authority  to  grant  locations,  as  provided  herein,  to  street  railways  ^onerTmay5' 
within  the  roads,  boulevards,  parks   and  reservations  in  its  care  and  |^tlo{^Ji{na 

Control.  ways. 

Section  2.     Said  board,  upon  petition  of  the  directors  of  a  street  To  give  notice 

r>  ...  „  ,  .  in-         °'  time  and 

railway  company,  or  of  a  majority  thereof,  for  such  location,  shall  give  place  of  near- 
notice  to  all  parties  interested  of  the  time  and  place  at  which  the  ing' e  c' 
board  will  give  a  hearing  upon  such  petition,  at  least  fourteen  days 
before  the  hearing,  by  publication  in  one  or  more  newspapers  published 
in  each  city  or  town  in  which  the  location  petitioned  for  would  lie,  and 
if  none  such  is  published  then  by  publication  in  one  or  more  newspapers 
published  in  each  county  in  which  the  location  petitioned  for  would  lie; 
and  after  hearing,  if  in  the  opinion  of  the  board  public  convenience 
and  necessity  so  require,  it  may  grant  such  location,  or  any  part  thereof, 
upon  such  terms,  conditions  and  obligations,  and  for  such  compensation, 
as  the  public  interest  and  a  due  regard  for  the  rights  of  the  common- 
wealth may  require:  provided,  that  nothing  herein  contained  shall  Proviso, 
authorize  the  said  board  to  grant  a  location  for  poles  and  overhead 
wires  in  any  road,  boulevard,  park  or  parkway,  without  the  approval 
of  the  governor  and  council.  Such  locations  shall  be  void  unless 
accepted  in  writing  by  the  directors  of  such  railroad  company,  or  hy 
a  majority  thereof,  within  thirty  days  after  receiving  notice  thereof. 

Skction  3.     Said  board  may  by  order  alter,  extend  or  revoke  any  Locationsmay 
location  granted   by  it  whenever  in  its  opinion   the  public  interest  or   revoked,  etc.0' 
the  rights   of  the   commonwealth   so   require:    provided,   however,   that  Proviso. 
before  so  doing  notice  and  hearing  shall  be  given  to  the  company  and 
all  persons  interested,  as   provided    in   section    two   of   this   act;   and 


126 


FORMATION. 


Proviso. 


Copy  of  order 
to  permit  loca- 
tion, etc.,  to  be 
deposited  with 
clerk  of  city  <>r 
town. 


Certain  share 
of  tax  paid  by 
street  railway 
companies  to 
be  apportioned 
to  the  com- 
monwealth, 
etc. 


Certain  provi- 
sions of  law  to 
apply,  etc. 


The  Wachusett 
mountain  state 
reservation 
commission 
may  grant 
locations  to 
street  railways. 
Hearing  to  be 
given,  etc. 


Commission  to 
have  authority 
over  location, 
etc. 


provided,  further,  that  any  railroad  company  or  any  persons  interested 
in  any  such  order  may  appeal  therefrom  to  the  governor  and  council, 
within  fourteen  days  after  the  filing  of  a  copy  of  such  order  as  herein- 
after provided. 

Section  4.  Said  board,  within  fourteen  days  after  making  any 
order  which  operates  to  permit  a  use  or  location  hereunder  to  any 
street  railway,  or  an  extension,  alteration  or  revocation  of  a  use  or 
location  previously  granted,  shall  deposit  a  copy  of  such  order  in  the 
office  of  the  clerk  of  the  city  or  town  within  which  the  location  or  use 
is  permitted,  altered,  extended  or  revoked,  and  the  clerk  of  that  city 
or  town  shall  receive  and  record  the  same. 

Section  5.  The  share  of  the  tax  paid  by  any  street  railway  company 
operating  hereunder,  into  the  treasury  of  the  commonwealth,  which 
would  under  other  provisions  of  law  be  apportioned  to  the  city  or 
town  within  which  its  tracks  laid  hereunder  are  situated,  shall  be 
apportioned  to  the  commonwealth  and  credited  by  the  treasurer  to  the 
sinking  fund  of  the  loan  to  which  the  expenditure  for  the  road,  boule- 
vard, park  or  reservation  in  which  the  tracks  are  located  was  charged. 

Section  6.  All  street  railway  companies  operating  hereunder  shall 
remain  subject  to  the  duties  and  liabilities  imposed  by  other  provisions 
of  law  not  inconsistent  herewith,  and  shall  have  the  powers,  duties  and 
rights  herein  authorized,  all  of  which  shall  be  in  addition  to  and  in 
amendment  of  any  charter  or  special  provision  of  law  or  of  the  general 
laws  under  which  they  are  organized. 

Section  7.  This  act  shall  take  effect  upon  its  passage.  [Approved 
June  27, 1900. 

Acts  of  1901,  Chapter  413. 

An  Act  to  authorize  the  "Wachusett  Mountain  State  Reservation  Commission  to 
grant  Locations  to  Street  Railway  Companies. 

Section  1.  The  Wachusett  mountain  state  reservation  commission 
shall  have  authority  to  grant  locations,  as  provided  herein,  to  street 
railways  within  the  roads,  parks  and  reservations  under  its  control. 

Section  2.  Said  commission,  upon  petition  of  the  directors  of  a 
street  railway  company,  or  of  a  majority  thereof,  for  such  location, 
shall  give  a  hearing  thereon,  notice  of  the  time  and  place  of  which 
shall  be  given  to  all  persons  interested  at  least  fourteen  days  before 
the  hearing,  by  publication  in  one  or  more  newspapers  published  in 
each  city  or  town  in  which  the  location  petitioned  for  lies,  and  if  none 
such  is  published  then  by  publication  in  one  or  more  newspapers  pub- 
lished in  each  county  in  which  the  location  petitioned  for  lies;  and  after 
the  hearing,  if  in  the  opinion  of  the  commission  public  necessity  and 
convenience  so  require,  it  may  grant  such  location,  or  any  part  thereof, 
upon  such  terms,  conditions  and  obligations,  and  for  such  compensa- 
tion, as  the  public  interest  and  a  due  regard  for  the  rights  of  the 
commonwealth  may  require.  Such  locations  shall  be  void  unless 
accepted  in  writing  by  the  directors  of  the  railway  company,  or  by  a 
majority  of  them,  within  thirty  days  after  receiving  notice  thereof. 

Section  3.  Within  the  limits  of  the  Wachusett  mountain  state 
reservation  the  Wachusett  mountain  state  reservation  commission  shall 
have  full  authority  over  the  location  of  any  Such  railway,  and  over 
the  method  and  manner  of  its  construction,  and  of  its  kind  of  motive 
powei*,  and  generally  shall  have  such  control  of  its  operation  and 
condition  as  said  commission  may  deem  reasonably  necessary  to  insure 
the  safety  and  convenience  of  the  public. 


FORMATION.  127 

Section  4.     The  share  of  the  tax  paid  into  the  treasury  of  the  share  of  tax 
commonwealth    hy    any   street    railway   company    operating    hereunder  Apportioned  to 
which  would  under  other  provisions  of  law  be  apportioned  to  the  city   the  common- 
or  town   within  which  its  tracks  laid  hereunder  are  situated,  shall  be 
apportioned   to   the   Commonwealth    and   credited   by   the  treasurer  to 
the  sinking  fund  of  the  loan  to  which  the  expenditure  for  the  road, 
park  or  reservation  in  which  the  tracks  are  located  was  charged. 

Section  5.     All  street  railway  companies  operating  hereunder  shall  Companies  to 

,  ......   *  .  .      .  .  ,  have  certain 

remain   subject   to   the  duties,   liabilities   and   restrictions   imposed    by  powers,  duties, 
other  provisions  of  law  not  inconsistent  herewith,  and  shall  have  the  e  c' 
powers,  duties  and  rights  herein  authorized,  all  of  which  shall  be  in 
addition  to  and  in  amendment  of  any  charter  or  special  provision  of 
law  or  of  the  general  laws  under  which  such  companies  are  organized. 

Section  6.     This  act  shall  take  effect  upon  its  passage.     [Approved 
May  17,  1901. 

Section  8.     When  the  amount  of  capital  stock  named  in  Presentation 
the  agreement  of  association  has  been  subscribed  in  good  faith  Cf  Hsociation, 
by  responsible  persons,  and  ten  per  cent  of  the  par  value  of  certificates?  to 
each  share  has  been  actually  paid  in  cash  to  the  treasurer,  the  ^dlwmmis- 
directors,  clerk  and  treasurer  shall  annex  to  the  agreement  of  fs""!^  §  9 
association  their  certificate  setting  forth  these  facts,  and  that  pS7g  ■  ?7|' f  ?|" 
it  is  intended  in  good  faith  to  locate,  construct,  maintain  and  R.  l.  11T,  §45. 

'  R  L  1 1  '-*  §  8 

operate  the  railway  as  described  in  said  agreement,  shall  annex 
to  said  agreement  the  certificate  of  publication  specified  in 
section  six  and  the  several  certificates  of  location,  and  shall 
present  the  same  for  inspection  to  the  board  of  railroad  com- 
missioners. 

Section  9.    When  it  is  shown  to  the  satisfaction  of  the  board  Certificate  of 

,  .      .  1  .  c       i   •  incorporation. 

of  railroad  commissioners  that   the  requirements   of   this   act  1872,53,^10. 
preliminary  to  the  incorporation  of  a  company  have  been  com-  i88i!  iei! 
plied  with,  and  that  locations  have  been  obtained  for  a  railway  r.  l.  111, 1 4e! 
between  the  termini  and  substantially  over  the  route  set  forth  RL-112-§8- 
in  the  agreement  of  association,  the  clerk  of  said  board,  upon 
its  order,  shall  annex  to  the  agreement  of  association  a  certifi- 
cate stating  such  fact.     The  directors  shall  thereupon  file  the 
agreement    of    association,    with    all    the    certificates    annexed 
thereto,   including  the  plan,  if  any,  required   by  the  board  of 
railroad   commissioners,    in   the   office   of  the   secretary   of  the 
commonwealth  ;  who,  upon  the  payment  to  him  of  a  fee  of  fifty 
dollars,  shall  receive  and  preserve  the  same  in  form  convenient 
for  reference  and  open  to  public  inspection ;  and  shall  thereupon 
issue  a  certificate  of  incorporation  substantially  in  the  following 
form :  — 

Commonwealth  of  Massachusetts. 

Be  it  known  that  whereas  [names  of  the  subscribers  to  the  agreement  S^^g 
of  association]  have  associated  themselves  with  the  intent  ion  of  forming 
a  corporation  under  the  name  of  the  [name  of  the  company],  for  the 
purpose  of  locating,  constructing,  maintaining  and  operating  a  streel 
railway  [description  of  the  railway  as  in  the  agreemenl  of  association], 
and  have  complied  with  the  statutes  of  this  commonwealth  in  such  cases 
made  and  provided :  Now,  therefore,  I,  ,  secretary  of 


128  ORGANIZATION.       OFFICERS. 

the  commonwealth  of  Massachusetts,  do  hereby  certify  that  the  persons 
aforesaid,  their  associates  and  successors,  are  legally  established  as  a 
corporation  under  the  name  of  the  [name  of  the  company],  with  all 
the  powers  and  privileges,  and  subject  to  all  the  duties,  liabilities  and 
restrictions,  set  forth  in  all  general  laws  which  now  are  or  hereafter 
may  be  in  force  relating  to  street  railway  companies. 

In  witness  whereof,  I  have  hereunto  subscribed  my  official  signature, 
and  affixed  the  Great  Seal  of  said  commonwealth,  this  day 

of  ,   in   the  year  [day,   month  and   year]. 

The  secretary  of  the  commonwealth  shall  sign  the  certificate 
of  incorporation,  and  cause  the  Great  Seal  of  the  common- 
wealth to  he  thereto  affixed,  and  such  certificate  shall  have 
the  force  and  effect  of  a  special  charter.  The  secretary  of  the 
commonwealth  shall  also  cause  a  record  of  the  certificate  of 
incorporation  to  be  made,  and  such  certificate,  or  such  record, 
or  a  certified  copy  thereof,  shall  be  conclusive  evidence  of  the 
existence  of  such  corporation. 

ORGANIZATION. 

First  meeting         Section  10.     Upon  the  issue  of  such  certificate  of  incorpo- 

ot  incorpora-  r  _  Jr 

&?«  ...  .  ,,      ration,  the  first  meeting  of  the  incorporators  shall  be  called  by 

1872, 53,  §  11.  .'  to.  <•    -i         t  i  i  • 

1874, 372,  § 30.  a  notice  signed  by  a  majority  01  the  directors;  and  such  notice 
i879[  156!  shall  state  the  time,  place  and  purposes  of  the  meeting.  A 
r.  l.  in',  §  48!  copy  of  such  notice  shall,  seven  days  at  least  before  the  day 
isL  i9os,%7,  appointed  for  the  meeting,  be  given  to  each  incorporator  or  left 
§  9-  at  his  residence  or  usual  place  of  business,  or  deposited  in  the 

post  office,  postage  prepaid,  and  addressed  to  him  at  his  resi- 
dence or  usual  place  of  business,  and  another  copy  thereof,  and 
an  affidavit  of  the  clerk  that  the  notice  has  been  duly  served, 
shall  be  recorded  with  the  records  of  the  company.  If  all  of 
the  incorporators  shall  in  writing  waive  such  notice  and  fix  the 
time  and  place  of  the  meeting,  no  notice  shall  be  required. 
Organization^  Section  11.  At  such  first  meeting,  or  at  any  adjournment 
Seei908,'4S7,  thereof,  the  incorporators  shall  organize  by  the  adoption  of 
by-laws,  and  by  the  election,  by  ballot,  of  not  less  than  five 
directors.  The  clerk  appointed  by  the  directors  under  section 
five  shall  make  and  attest  a  record  of  the  proceedings  until  the 
clerk  of  the  company  has  been  chosen  and  sworn,  including  a 
record  of  such  choice  and  qualification. 

officers. 

o^e™;ft  .  „  Section  12.     The  business  of  everv  company  shall  be  man- 

1871,381,12.  aged   and  conducted  by  a  president,  a  board  of  not  less  than 

r'.l.  112,515.  five  directors,  a  clerk,  a  treasurer  and  such  other  officers  and 

\en.    '  such  agents  as  the  company  by  its  by-laws  shall  authorize. 

EfecSTof161'  Section  13.     The  directors' shall  be  elected  annually  by  the 

iIsTI'm     2  stockholders  by  ballot,  and  the  president  shall  be  elected  annu- 

i87i!  38i!  I  2'.  a]ly  by  and  from  the  board  of  directors,  and  the  treasurer  and 

R. L.  112, §  15.  the  clerk  annually  by  said  board.      Every  director,  unless  the 

SeeiGos.w,  ^v-laws  otherwise  provide,  shall  be  a  stockholder.     The  treas- 


128b 


[See  page  128,  §  13.] 

1909. 
Chapter  417,  §§  5,  6. 
Section  5.  Section  thirteen  of  Part  III  of  said  chapter  four  hun-  1906,  463, 
dred  and  sixty-three  is  hereby  amended  by  adding  at  the  end  thereof  amended. 
the  following: — -Any  requirement  in  the  general  laws  of  action  to 
be  taken  or  instruments  to  be  signed  by  the  president,  directors,  or 
a  majority  of  the  directors,  of  a  street  railway  company,  relative  to 
the  grants,  extensions,  alterations,  and  revocations  of  location,  abolition 
of  grade  crossings  and  rights  in  state  highways,  shall  be  sufficiently 
and  legally  complied  with  if  such  action  is  taken  by  a  vote,  or  if  such 
instrument  is  executed  in  accordance  with,  and  by  the  person  or  per- 
sons designated  in,  a  vote  of  the  directors  of  such  company,  at  a  meet- 
ing duly  and  properly  held,  at  which  a  quorum  of  the  board  is  present, 
—  so  as  to  read  as  follows :  —  Section  13.  The  directors  shall  be  elected  ^r^11  of 
annually  by  the  stockholders  by  ballot,  and  the  president  shall  be 
elected  annually  by  and  from  the  board  of  directors,  and  the  treasurer 
and  the  clerk  annually  by  said  board.  Every  director,  unless  the  by- 
laws otherwise  provide,  shall  be  a  stockholder.  The  treasurer  may  be 
required  to  give  a  bond  for  the  faithful  performance  of  his  duty  in 
such  sum  and  with  such  sureties  as  the  by-laws  may  prescribe.  The 
clerk,  who  shall  be  a  resident  of  this  commonwealth,  shall  be  sworn, 
and  shall  record  all  votes  of  the  company  in  a  book  to  be  kept  for 
that  purpose.  The  officers  of  a  company  shall  hold  office  for  one  year 
and  until  their  successors  are  chosen  and  qualified.  The  manner  of 
choosing  or  of  appointing  all  other  agents  and  officers  and  of  filling 
all  vacancies  shall  be  prescribed  by  the  by-laws,  and,  in  default  of 
provision  by  such  by-laws,  vacancies  may  be  filled  by  the  board  of 
directors.  Any  requirement  in  the  general  laws  of  action  to  be  taken 
or  instruments  to  be  signed  by  the  president,  directors,  or  a  majority 
of  the  directors,  of  a  street  railway  company,  relative  to  the  grants, 
extensions,  alterations,  and  revocations  of  location,  abolition  of  grade 
crossings  and  rights  in  state  highways,  shall  be  sufficiently  and  legally 
complied  with  if  such  action  is  taken  by  a  vote,  or  if  such  instrument 
is  executed  in  accordance  with,  and  by  the  person  or  persons  desig- 
nated in,  a  vote  of  the  directors  of  such  company,  at  a  meeting  duly 
and  properly  held,  at  which  a  quorum  of  the  board  is  present. 

Section  G.     Sections  seven,  sixty-four,  sixtv-fivc  and  seventy  of  Part  Boston  Eje- 

7  J  .  ,  ',  vated  Railway 

III  of  said  chapter  four  hundred  and  sixty-three,  as  amended  by  tins  Company. 

act,  and  section  sixty-six  of  Part  III  of  said  chapter,  shall  apply  to  the  apply." 

Boston   Elevated  Railway   Company  in  respect  to  the  street  railways 

;il    any  time  owned,  leased  or  operated  by  it,  and  to  companies  whose 

railways  were,  on  the  first  day  of  October  in  the  year  eighteen  hundred 

and  ninety-eight,  leased  or  operated  by  it.     [Approved  May  20,  1909. 


MEETINGS.  129 

urer  may  be  required  to  give  a  bond  for  the  faithful  perform- 
ance of  his  duty  in  such  sum  and  with  such  sureties  as  the 
by-laws  may  prescribe.  The  clerk,  who  shall  be  a  resident  of 
this  commonwealth,  shall  be  sworn,  and  shall  record  all  votes 
of  the  company  in  a  book  to  be  kept  for  that  purpose.  Tbe 
officers  of  a  company  shall  hold  office  for  one  year  and  until 
their  successors  are  chosen  and  qualified.  The  manner  of 
choosing  or  of  appointing-  all  other  agents  and  officers  and  of 
filling  all  vacancies  shall  be  prescribed  by  the  by-laws,  and,  in 
default  of  provision  by  such  by-laws,  vacancies  may  be  filled 
by  the  board  of  directors. 

MEETINGS. 

Section  14.     There  shall  be  an  annual  meeting  of  the  stock-  Meetings  of 

.  .,  stockholders. 

holders,  and  the  time  and  place  of  holding  it,  and  the  manner  1864,  229,  §  3. 
of  conducting  it,  shall  be  fixed  by  the  by-laws.     All  meetings  p.  s.'  113,'  §  16. 
of  stockholders  shall  be  held  in  the  commonwealth,  and  shall  be  see  ioos~'4S7, ' 
called,  and  notice  thereof  given,  in  the  manner  provided  in  the  5  2C 
by-laws  of  the  company ;  or,  if  the  by-laws  make  no  provision 
therefor,   shall  be  called  by   the   president,   and   a  written  or 
printed  notice,  stating  the  place,  day  and  hour  thereof,  given 
by  the  clerk,  at  least  seven  days  before  such  meeting,  to  each 
stockholder  by  leaving  such  notice  with  him  or  at  his  residence 
or  usual  place  of  business,  or  by  mailing  it,  postage  prepaid, 
and  addressed  to  each  stockholder  at  his  address  as  it  appears 
upon  the  books  of  the  company.     Unless  the  by-laws  otherwise 
provide,   a  majority   in   interest  of   all  stock  issued  and  out- 
standing and  entitled  to  vote  shall  constitute  a  quorum.     No- 
tices of  all  meetings  of  stockholders  shall  state  the  purposes  for 
which  the  meetings  are  called.     No  notice  of  the  time,  place  or 
purpose  of  any  regular  or  special  meeting  of  the  stockholders 
shall  be  required  if  every  stockholder,  or  his  attorney  thereunto 
authorized,  by  a  writing  which  is  filed  wuth  the  records  of  the 
meeting,  waives  such  notice. 

Section  15.     If,  by  reason  of  the  death  or  absence  of  the  May  be  called 

n->  /»    ,1  ,i  ,  1  under  warrant 

officers  01  the  company  or  other  cause,  there  is  no  person  an-  of  jumuv  ..f 

thorized  to  call  or  preside  at  a  legal  meeting,  or  if  the  clerk  or  Xs-\:" i'-V 

other  officer  refuses  or  neglects  to  call  it,  a  justice  of  the  peace  ';  f.'ef.'ft! 

may,  upon   written  application  of  three  or  more  of  the  stock-  ^-  s.  105,  §  11. 

holders,  issue  a  warrant  to  any  one  of  them,  directing  him  to  Seei90S,4S7, 
call  a  meeting  by  giving  such  notice  as  is  required  by  Law,  and 
may,  by  the  same  warrant,  direct   him  to  preside  at   the  meeting 
until  a  clerk  is  chosen  and  qualified,  if  no  officer  of  the  com- 
pany is  present   who  is  legally  authorized  to  preside. 

SECTION    Ki.      A    special    meeting  of   the   stockholders   shall    he  Special 

called,  and  a  written  or  printed  notice  thereof,  stilting  the  time,  1876,201 

place    and    purpose    of    the    meeting,    given,    by    the    clerk    upon  \s<.\t.w"> 

written  application  of  three  or  more  stockholders  who  are  en-  .^A.,!,!^-^,6' 
titled  to  vote,  and   who  hold  at  least  one  tenth  part  in   interest  5**- 
of  the  capital  stock. 


130 


CAPITAL    STOCK. 


Voting  rights 
of  company 

upon  its  own 
stock. 

—  of  stock- 
holders; 
proxies. 
1864,  229, 
§§  4,5. 
L871,  381, 

1'  S  113, 
§§  11.  L2 
1889,  210. 

—  of  fiduciary 
stockholders. 
L829,  r:.',,  S  12. 

1S38,  98,  j  2. 


Meetings  of 
directors. 

See  190S,  437, 
§  26. 


Section  1  7.  A  company  shall  not  directly  or  indirectly  vote 
upon  any  share  of  its  own  stock. 

R.  L.  112,  §  17.  See  1903,  437,  §  23. 

Si  ction  18.  Stockholders  who  are  entitled  to  vote  shall  have 
one  vote  for  each  share  of  stock  owned  by  them.  Stockholders 
may  vote  either  in  person  or  by  proxy.  No  proxy  which  is  dated 
more  than  six  months  before  the  meeting  named  therein  shall 
be  accepted,  and  no  such  proxy  shall  be  valid  after  the  final 
adjournment  of  such  meeting.       R.L.ii2,§i7.      See wos, 437,  §  24. 

Section  L9.  Executors,  administrators,  guardians,  trustees 
or  persons  in  any  other  representative  or  fiduciary  capacity  may 
vote  as  stockholders  upon  stock  held  in  such  capacity. 

G.  S.  68,  11.  R.  L.  109,  §  17.  101  Mass.  398. 

P.  S.  105,  §  13.  9  Cush.  192.  '     See  1903,  437,  §  29. 

Section  20.  Meetings  of  the  board  of  directors  may  be  held 
within  or  without  the  commonwealth.  Any  meeting  of  the 
board  of  directors  shall  be  a  legal  meeting  without  notice,  if 
each  director  who  is  absent,  by  a  writing  which  is  filed  with  the 
records  of  the  meeting,  waives  such  notice. 


Stock  certifi- 
cates. 

.Sec  1903,  437, 
§26. 


Transfer  of 
shares. 

1864,  229,  §  10. 
1871,  381,  §  10. 
1881,  302. 
P.  S.  113,  §  13. 
R.  L.  112,  §  IS. 
1903,  423, 
§§  1,  2;  437, 
§  28. 


Stock  books 
and  corporate 
records. 
1858,  144. 
G.  S.  68,  §  10. 


CAPITAL   STOCK. 

Section  21.  Each  stockholder  shall  be  entitled  to  a  certifi- 
cate which  shall  be  signed  by  the  president  and  by  the  treasurer 
of  the  company,  or  by  such  other  officers  as  may  be  authorized 
by  the  by-laws,  shall  be  sealed  with  its  seal,  and  shall  certify 
the  number  of  shares  owned  by  him  in  such  company. 

Section  22.  The  delivery  of  a  certificate  of  stock  by  the 
person  named  as  the  stockholder  in  such  certificate  or  by  a 
person  entrusted  by  him  with  its  possession  for  any  purpose  to 
a  bona  fide  purchaser  or  pledgee  for  value,  with  a  written  trans- 
fer  thereof,  or  with  a  written  power  of  attorney  to  sell,  assign 
or  transfer  the  same,  signed  by  the  person  named  as  the  stock- 
holder in  such  certificate,  shall  be  a  sufficient  delivery  to  transfer 
title  as  against  all  persons;  but  no  such  transfer  shall  affect 
the  right  of  the  company  to  pay  any  dividend  due  upon  the 
stock,  or  to  treat  the  holder  of  record  as  the  holder  in  fact  until 
it  has  been  recorded  upon  the  books  of  the  company,  or  until  a 
new  certificate  has  been  issued  to  the  person  to  whom  it  has 
been  so  transferred.  Such  purchaser,  upon  delivery  of  the 
former  certificate  to  the  treasurer  of  the  company,  shall  be 
entitled  to  receive  a  new  certificate.  A  pledgee  of  stock  trans- 
I'erred  as  collateral  security  shall  be  entitled  to  a  new  certifi- 
cate if  the  instrument  of  transfer  substantially  describes  the 
debt  or  duty  which  is  intended  to  be  secured  thereby.  Such 
new  certificate  shall  express  on  its  face  that  it  is  held  as  col- 
lateral security,  and  the  name  of  the  pledgor  shall  be  stated 
thereon,  who  alone  shall  be  liable  as  a  stockholder,  and  entitled 
to  vote  thereon. 

Section  2:5.  The  certificate  of  incorporation,  and  an  attested 
copy  of  the  agreement  of  association,  and  of  the  by-laws,  with  a 
reference  on  the  margin  of  the  copy  of  the  by-laws  to  all  amend- 


SHARES    ISSUED    FOR    PAR    ONLY.  131 

ments  thereof,  and  a  true  record  of  all  meetings  of  stockholders  p.  s.  105,  §  21. 
shall  be  kept  by  the  company  at  its  principal  office  in  this  com-  j^.j;  227!  *  6' 
monwealth  for  the   inspection  of  its   stockholders.      The   stock  i86i,  rib?  20' 
and    transfer  books   of  such  company,    which   shall   contain  a  p^'fos'fiii 
complete  list  of  all  stockholders,  their  residences  and  the  amount  ^^.  109,  | :;.;. 
of  stock  held  by  each,  shall  be  kept  at  an  office  of  the  company  R.  l!  109!  1 34. 
in    this   commonwealth   for   the   inspection   of   its   stockholders.  278 .] ' 
Said  stock  and  transfer  books  and  said  attested  copies  and  rec-  g.  s.'es.'.i  12 
ords  shall  be  competent  evidence  in  any  court  of  this  common-  r.  L.icS'f  35! 
wealth.     If  any  officer  or  agent  of  a  company  having  charge  of  ^J903^37' 
such  copies,  books  or  records  refuses  or  neglects  to  exhibit  them 
or  to  submit  them  to  examination  as  aforesaid,  he  or  the  com- 
pany shall  be  liable  to  any  stockholder  for  all  actual  damages 
sustained  by  reason  of  such  refusal  or  neglect,  and  the  supreme 
judicial  court  or  the  superior  court  shall  have  jurisdiction  in 
equity,  upon  petition  of  a  stockholder,  to  order  any  or  all  of 
said  copies,  books  or  records  to  be  exhibited  to  him  and  to  such 
other  stockholders  as  may  become  parties  to  said  petition,  at 
such  a  place  and  time  as  may  be  designated  in  the  order. 

Section  24.     The  directors  of  a  company  may,  unless  other-  Lost 
wise  provided  by  the  by-laws,   determine  the  conditions  upon  r.  l.  110,  §28. 
which  a  new  certificate  of  stock  may  be  issued  in  place  of  any  §^. 
certificate  which  is  alleged  to  have  been  lost  or  destroyed.     They 
may,  in  their  discretion,  require  the  owner  of  a  lost  or  destroyed 
certificate,  or  his  legal  representative,  to  give  a  bond  with  suffi- 
cient surety  to  the  company  in  a  sum  not  exceeding  double  the 
market  value  of  the  stock  to  indemnify  the  company  against  any 
loss  or  claim  which  may  arise  by  reason  of  the  issue  of  a  certifi- 
cate in  place  of  such  lost  or  destroyed  stock  certificate. 

Section  25.     Every  company  shall,  once  in  every  five  years.  Unclaimed 
publish  three  times  successively  in  a  newspaper  in  the  city  of  isVt,';'i; 
Boston,  and  also  in  a  newspaper  in  the  county  in   which   the  p.*  s!  105?  §  27. 
principal  office  of  the  company  is  located,  a  list  of  all  dividends  .s,;,1^!!,;' ';■",■,''' 
which  have  remained  unclaimed  for  two  years  or  more  and  the  S52- 
names  of  the  persons  to  whose  credit  such  dividends  stand. 

Section  26.     Certificates  of  stock  shall  not  be  issued   by  a  Shares  to  be 
company  until  the  par  value  thereof  shall  have  been  actually   1864,229, 
paid  in  in  cash.  isti,  38i,  §§  7, 10.  issi,302. 

P.  S.  113,  §  13.  II.  L.  112,  §  18.  150  Mass.  200. 

SHARES    ISSUED    FOR    PAR    ONLY. 
Revised  Laws,  Chapter  109,  §  1!). 

Section'  19.    No  corporation,  unless  specially  authorized,  shall  issue   —  noi  to 
a  share  for  a  less  amounl  to  lie  actually  paid  in  thereon  than  the  par  less^han par. 
value  of  the  shares  at  the  date  of  issue.  1859,  104.  fffi-  f|3,§  16. 

1858,   10.  . 

G.  S.  68,  §  9.  1873,  39,  §  1.  1'.  S.  106,  §   11. 

1871,  :'.'.»-',  §  3.  P.  S.  105,  §  17.  157  Mass.  71. 

Section  27.     The  directors  may  assess  upon   all   the  shares  Assessments 
subscribed,  but  not  paid   in,  such  amounts  of  money  which  are  Btock,and 
not  in  excess  of  their  par  value,  as  they  think  proper,  and  may  !!', 
direct   the   same   to   be   paid    to   the   treasurer,    who   shall    give  gf^'9.    ' 


132 


CORPORATE    POWERS. 


L871  381,  §  9. 
1'.  S.  113,  §  17 
R.  L.  Ill",  §  25 
See  1903,  4d7, 
§  15. 


Subscription 
to  full  capital 
stock,  and 
payment  in 
of  fifty  per 
cent  thereof, 
before  con- 
struction. 
1864,  229,  §  6. 
1871,  381,  §  6. 
P.  S.  113,  §  19. 
R.  L.  112,  §  27. 
141  Mass.  496. 


Directors 
jointly  and 
severally  liable 
for  debts  and 
contracts  till 
payment  in 
of  full  capital 
stock. 

L864,  229,  §  6. 
1871,381,  §  7. 
P.  S.  113,  §  14. 
R.  L.  112,  §  19. 
[See  Savage- 
Shaw  decision, 
May  16,  1907.] 


written  notice  thereof  to  the  subscribers.  If  a  subscriber  neg- 
lects to  pay  his  assessment  for  thirty  days  after  such  notice, 
the  directors  may  transfer  the  rights  under  such  subscription  to 
any  person  who  subscribes  for  the  same  and  pays  the  assess- 
ments due,  or  may  order  the  treasurer,  after  giving  notice  of 
the  sale,  to  sell  such  shares  by  public  auction  to  the  highest 
bidder,  and,  upon  the  payment  by  him  to  the  company  of  the 
unpaid  assessments,  of  interest  to  the  date  of  sale  and  of  the 
charges  of  the  sale,  the  shares  shall  be  transferred  to  him.  If, 
within  thirty  days  after  the  sale,  the  purchaser  does  not  make 
said  payment  to  the  company,  the  sale  shall  be  cancelled,  and 
the  subscriber  shall  be  liable  to  the  company  for  the  unpaid 
assessments,  the  interest  thereon,  and  the  charges  of  sale.  If 
the  amount  so  paid  by  the  purchaser  to  the  company  is  more 
than  the  amount  for  which  the  shares  were  sold,  the  subscriber 
shall  be  liable  to  the  purchaser  for  the  deficiency;  if  it  is  less, 
the  purchaser  shall  be  liable  to  the  subscriber  for  the  surplus. 
If  a  subscriber  neglects  to  pay  his  assessment  for  thirty  days, 
as  above  provided,  the  directors  may  elect  to  proceed  by  an 
action  at  law  against  said  delinquent  subscriber  to  recover  all 
amounts  due  and  payable  by  him  with  interest.  If  a  judgment 
rendered  in  an  action  against  a  subscriber  remains  unsatisfied 
for  thirty  days,  all  amounts  previously  paid  by  him  shall  be 
forfeited  to  the  company,  and  the  directors  may  oifer  such 
shares  for  sale  as  above  provided. 

Section  28.  A  street  railway  company  shall  not  begin  to 
build  its  railway  until  it  shall  have  filed  in  the  office  of  the 
secretary  of  the  commonwealth  a  certificate,  signed  and 
sworn  to  by  its  president,  treasurer,  clerk  and  a  majority  of  its 
directors,  stating  that  the  amount  of  its  capital  stock  has  been 
unconditionally  subscribed  for  by  responsible  parties,  and  that 
fifty  per  cent  of  the  par  value  of  each  share  thereof  has  been 
actually  paid  in  in  cash. 

Section  29.  The  directors  of  a  street  railway  company 
shall  be  jointly  and  severally  liable,  to  the  extent  of  its  capital 
stock,  for  all  its  debts  and  contracts,  until  the  whole  amount  of 
its  capital  stock  as  originally  fixed  by  its  agreement  of  associa- 
tion, or  if  a  chartered  company,  by  its  directors,  and  authorized 
by  the  board  of  railroad  commissioners,  shall  have  been  paid 
in,  and  until  a  certificate  stating  the  amount  thereof  so  fixed 
and  paid  in  shall  have  been  signed  and  sworn  to  by  its  president, 
treasurer,  clerk  and  a  majority  of  its  directors,  and  filed  in  the 
office  of  the  secretarv  of  the  commonwealth. 


CORPORATE    POWERS. 


Powers  to 
cease,  if  rail 


Section  30.     A  street  railway  company,  incorporated  under 

utrust;,  ii   ran-  *'  i  i  «  -?• 

way  is  not  built  the  laws  of  this  commonweal  tli,   shall  have  authority,  subiect 

within  eudit-  ..  ■     i    •  j 

to  the   provisions  of   this  chapter,   to  construct,   maintain   and 
operate  a  street  railway,  but,  if  such  company  does  not  build 
and  put  in  operation  its  railway  within  eighteen  months  after 
g8's.'63,8§  ho.  the  date  of  its  certificate  of  incorporation,  its  corporate  powers 


een  months 
after  date  of 
certificate  of 
incorporation, 
unless,  etc. 


CORPORATE    POWERS.  133 

shall  cease,  unless  the  board  of  railroad  commissioners,  after  1864,229,512. 
public  notice  and  a  hearing,  shall  extend  said  time  by  a  certifi-  p.  s.' 113,' 1 20! 
cate,  stating  that  in  its  judgment  due  diligence  has  been  exer-  RL-112-^28- 
cised  by  the  company,  and  that  public  necessity  and  convenience 
require  such  extension. 

Section  31.    A  street  railway  company,  which,  by  its  charter  Extension  of 
or  certificate  of  incorporation,  or  by  special  act,  is  authorized  authority  to 
to  construct,  maintain  and  operate  a  street  railway  in  any  city  °^aterai1" 
or  town  in  this  commonwealth,  and  which  has  constructed   its  B^'112'892 
railway  therein,  may,  subject  to  the  provisions  of  the  general 
laws    relative   to    the    location,    construction    and    operation    id' 
street  railways,   extend  its  railway  into   such  othqr  cities  and 
towns  in  this  commonwealth  as  the  board  of  railroad  commis- 
sioners shall,  upon  the  application  of  such  company,  and  after 
public  notice  and  a  hearing,  certify  that  the  public  necessity 
and  convenience  require.     An  attested  copy  of  such  certificate 
shall,  within  three  days  after  the  granting  of  the  same,  be  filed 
by  said  board  in  the  office  of  the  secretary  of  the  commonwealth. 

Section  32.  A  street  railway  company  Avhose  petition  for  a  Connecting 
location,  necessary,  in  the  judgment  of  the  board  of  railroad  isos.'sts, §  14. 
commissioners,  to  furnish  proper  transportation  facilities  be-  RL-112-§n- 
tween  two  cities,  or  two  towns,  or  a  city  and  town,  has  in  whole 
or  in  part  been  granted  or  refused,  or  has  been  neither  granted 
nor  refused  within  three  months  after  the  filing  thereof,  may, 
within  thirty  days  of  such  grant  or  refusal  of  a  location,  or  of 
the  expiration  of  said  three  months,  apply  to  the  board  of  rail- 
road commissioners  for  such  location.  If  it  shall  appear  at  a 
hearing  on  said  application,  after  such  notice  to  the  board  of 
aldermen  or  the  selectmen,  and  to  all  persons  who  own  real 
estate  which  abuts  upon  any  way  in  which  such  location  was 
asked  for,  by  publication  or  otherwise,  as  the  board  of  rail  mad 
commissioners  may  order,  that  the  company  has  already  been 
granted  and  has  accepted  locations  for  a  street  railway  in  two 
cities,  or  two  towns,  or  a  city  and  town,  adjoining  the  city  or 
town  in  which  such  location  has  been  asked  for,  or  has  already 
been  granted  and  has  accepted  locations  for  a  street  railway  in 
two  adjoining  cities,  or  two  adjoining  towns,  or  an  adjoining 
city  and  town,  and  that  a  location  is  necessary  to  connect  such 
existing  locations,  the  board  of  railroad  commissioners  may,  if 
it  finds  that  public  necessity  and  convenience  so  require,  enter 
a  decree  granting  a  connecting  location.  In  granting  the  loca- 
tion said  board  may  prescribe  the  appliances  and  impose  the 
conditions  and  obligations  which  are  specified  or  referred  to 
in  section  seven  relative  to  the  granting  of  original  locations. 
Such  location  shall  be  the  true  location,  if.  within  thirty  days 
iifier  the  issue  of  notice  to  the  company  of  the  entry  of  said 
decree,  the  directors  shall  tile  a  written  acceptance  of  such  loca- 
tion with  the  board  of  railroad  commissioners;  otherwise,  said 
local  ion  shall  be  void. 

Section  33.     A  street   railway  company  may  purchase  and  Real  and  per- 

■  1'  '  ''  estate; 

hold  such  real  and  personal  estate  as  may  be  necessary  or  con-  stockand 

1  J  d  bonds  of  other 


134 


CORPORATE    POWERS. 


Pleasure 
resorts. 
l^!*->,  316. 
R.  L.  112,  § 


domestic  street  venient  for  the  operation  of  its  railway ;  but  it  shall  not,  except 
panies organ-  as  provided  in  section  fifty-three,  directly  or  indirectly,  sub- 
generaiiaws.  scribe  for,  take  or  hold  stock  or  bonds  of  a  street  railway  com- 
isn'isi,' |  is!  pany  which  is  organized  under  the  general  laws  unless  specially 
so  authorized  by  the  general  court,     p.  s.  113,  §  is.       r.  l.  112,  §26. 

Section  34.  A  street  railway  company  may,  except  in  the 
city  of  Boston,  with  the  approval  of  the  board  of  railroad  com- 
missioners, acquire,  hold,  maintain  and  equip  land  for  purposes 
of  recreation  and  for  pleasure  resorts.  Admission  to  the  grounds 
of  such  pleasure  resorts  shall  be  free,  subject  to  such  restric- 
tions as  may,  with  the  approval  of  said  board,  be  imposed  by 
the  board  ojf  aldermen  of  cities  or  the  selectmen  of  towns  in 
which  such  grounds  may  be  situated.  Said  company  shall  not 
sell  intoxicating  liquors  nor  allow  them  to  be  sold  on  said 
grounds ;  nor  shall  it  sell  said  land  without  the  approval  of  the 
board  of  railroad  commissioners. 

Section  35.  A  street  railway  company  may  use  electricity, 
ps  '  it :!,'  §  39 '.  or  such  other  motive  power,  other  than  steam,  as  the  board  of 
r.  l.  112,  §  51.  railroad  commissioners  may  permit. 

Section  36.  A  street  railway  company  may  permit  another 
street  railway  company  to  operate  cars  over  its  tracks  to  such 
extent  and  under  such  rules  and  regulations  as  the  board  of 
railroad  commissioners  shall  determine  to  be  consistent  with 
public  safety. 

Section  37.  A  street  railway  company  may  allow  street 
sprinkling  cars  or  similar  apparatus  to  be  used  upon  its  tracks, 
may  furnish  the  motive  power  and  use  of  tracks  or  other  facili- 
ties, and  may  make  contracts  therefor ;  but  the  provisions  of  this 
section  shall  be  operative  only  to  such  extent  and  subject  to 
such  regulations  and  restrictions  as  the  board  of  railroad  com- 
missioners, having  regard  to  the  necessities  of  public  travel,  may 
approve. 

Section  38.  A  street  railway  company  may,  with  the  con- 
sent of  the  board  of  aldermen  of  a  city  or  the  selectmen  of  a 
town,  convey  in  cars  over  its  tracks  snow7,  ice,  stones,  gravel, 
dirt,  or  street  sweepings,  taken  from  any  street  or  way  over  or 
through  which  its  tracks  are  located,  for  the  purpose  of  keeping 
said  street  or  way  in  proper  condition  for  travel,  or  may  convey 
to  any  point  on  its  line,  or  deliver  to  any  connecting  line  or  any 
other  street  railway  company,  necessary  material  for  use  in  the 
construction,  grading,  repairing  or  improving  of  any  street  or 
way  in  any  city  or  town,  or  of  any  state  highway,  whether  on 
the  line  of  any  street  railway  company  or  not,  and  may  make 
contracts  with  cities,  towns,  the  Massachusetts  highway  com- 
mission, and  witli  other  street  railway  companies  for  the  trans- 
portation of  such  material. 

Section  -'V.).  A  street  railway  company  may  convey  in  cars 
over  its  tracks  coal  and  other  supplies  for  its  own  use. 

Section  40.  A  street  railway  company  may  carry  the  United 
States  mail. 


Motive  power 
1864,  229,  §  34 


Connecting 

companies. 

Joint  use  of 

tracks. 

1888,  278,  $  1. 

R.  L.  112,  §  78. 


Street  sprink- 
ling cars. 
L897,  315. 
R.  L.  112,  §  54. 
189  Mass.  431. 


Gravel,  etc., 

cars. 

1898,  328. 

R.  I,.  112,  §  55 

1902,  288. 

190  Mass.  530. 


Coal  and  other 
supplies. 


Carriers  of 

mail. 

1901,  251. 

R.  L.  112,  §  75 


1346 


1909. 

Chapter  118. 
An  Act  to  authorize  the  Transportation  of  Military  Supplies  and  Equipment  over 
the  lanes  of  Street  Railway,  Electric  Railroad  and  Elevated  Railway  Com- 
panies. 

Section  1.     All  street  railway,  electric  railroad,  and  elevated  rail-  Transporta- 
way   companies    within    the    commonwealth   are    hereby    authorized   to  auppfieset^'3' 
transport  military  supplies  and  equipment  over  their  respective  lines, 
and  from  and  to  any  point  thereon,  subject  only  to  the  supervision  of, 
and  to  such  regulations  as  may  be  imposed  by,  the  board  of  railroad 
commissioners. 

Section  2.     This  act  shall  take  effect  upon  its  passage.     [Approved 
February  26,  1909. 


135a 


1908. 

Chapter  278. 
An  Act  to  authorize  Street  Railway  Companies  to  transport  Milk  and  Cream. 

tionof milk  Section  1.     All  street  railway  companies  within  the  commonwealth 

and  cream.  are  iiere0y  authorized  to  transport  milk  and  cream  over  and  upon 
their  respective  lines  of  railway  and  from  and  to  any  point  thereon, 
subject  only  to  the  supervision  of  and  to  such  regulations  as  may  be 
imposed  by  the  board  of  railroad  commissioners,  any  restrictions  upon 
the  right  of  said  companies  to  transport  milk  and  cream  heretofore 
imposed  under  any  existing  laws  or  charters  to  the  contrary  notwith- 
standing. 

Section  2.     This  act  shall  take  effect  upon  its  passage.     [Approved 
March  25,  1908. 


CORPORATE    POWERS.  135 

[Section  41.     A  street  railway  company  may  become  a  com-  earners  of 
mon  carrier  of  newspapers,  baggage,  express  matter  and  freight  and  freight, 
in  such  cases,  upon  such  parts  of  its  railway,  and  to  such  extent,  1903,202. 
in  any  city  or  town  as,  after  public  notice  and  a  hearing  upon  iv^;,/,!/1 
the  petition  of  the  president  or  a  majority  of  the  directors  of  the  fselldow.] 
company   or   any    interested   party,   the   board   of   aldermen    or 
the  selectmen,  in  such  city  or  town,  shall  by  order  approve: 
provided,  that  a  company  shall  actually  engage  in  the  business 
of  a  common  carrier  under  authority  of  this  section  only  in  such 
of  the  cases,  upon  such  of  the  parts  of  its  railway,  and  to  so 
much  of  the  extent,  approved  as  aforesaid,  as  the  board  of  rail- 
road   commissioners    shall   certify,    after    public   notice    and    a 
hearing  upon  the  petition  of  the  president  or  a  majority  of  the 
directors  of  the  company  or  any  interested  party,  that  public 
necessity  and  convenience  require;  and  provided,  further,  that 
any   company   acting  under   authority   hereof   shall   be   subject 
to  such  regulations  and  restrictions  as  may  from  time  to  time 
be  made  by  the  local  authorities  aforesaid,  with  the  approval  of 
the  board  of  railroad  commissioners,  and  shall  also  be  subject  to 
the  provisions  of  all  laws  now  or  hereafter  in  force  relating  to 
common  carriers  so  far  as  they  shall  be  consistent  herewith  and 
with  said  regulations  and  restrictions.] 

Acts  of  1907,  Chapter  402. 
An  Act  relative  to  Street  Railway  Companies  acting  as  Common  Carriers. 
Section  1.    A  street  railway  company  may  become  a  common  carrier  —of  baggage 

1    j?      •    i  i    •  i  unci  irciyiiiT, 

of  newspapers,  baggage,  express  matter  and  ireight  in  such  cases,  upon  etc. 
such  parts  of  its  railway,  and  to  such  extent,  in  any  city  or  town,  as.  j9,]]'];  \^\ 
after  public  notice  and  a  hearing,  upon  the  petition  of  any  interested  p9^'^3',  41 
party,  the  board  of  aldermen  or  the  selectmen  in  such  city  or  town  and 
the  board  of  railroad  commissioners  shall  by  order  approve.  If  the 
board  of  aldermen  or  selectmen  to  whom  such  a  petition  is  presented 
act  adversely  thereon  or  fail  to  act  within  sixty  days  from  the  date 
of  the  filing  of  such  petition  the  petitioner  or  any  interested  party  may 
file  such  petition  with  the  board  of  railroad  commissioners,  who  shall 
after  public  notice  and  a  hearing  determine  whether  public  necessity 
and  convenience  require  the  granting  of  such  petition  and  shall  make 
an  order  dismissing  such  petition  or  requiring  any  street  railway 
company  named  in  such  petition  to  act  as  such  common  carrier  in  such 
cases,  upon  such  parts  of  its  railway  and  to  such  extent,  and  under 
such  regulations  and  restrictions,  as  in  the  opinion  of  said  railroad 
commissioners  public  necessity  and  convenience  require.  Any  street 
railway  company  acting  under  authority  hereof  shall  be  subject  to  such 
regulations  and  restrictions  as  may  from  time  to  time  be  made  by  the 
local  authorities  aforesaid,  with  the  approval  of  the  railroad  commis- 
sioners, and  shall  also  be  subject  to  the  provisions  of  all  laws  now 
or  hereafter  in  force  relating  to  common  carriers  so  far  as  they  shall 
be  consistent  herewith  and  with  said  regulations  and  restrictions.  The 
authority  conferred  upon  any  street  railway  company  by  virtue  of  the 
provisions  of  this  act  may  at  any  time  he  revoked  or  terminated  in 
any  city  or  town  or  upon  any  pari  of  its  railway,  by  the  board  of 
aldermen  or  selectmen  with  the  approval  of  the  board  of  railroad 
commissioners. 


136 


LAND. 


1906,  463,  Section  2.    Section  forty-one  of  Part  III.  of  chapter  four  hundred 

repealed'.  *     '    and   sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  sis  is 
hereby  repealed.     [Approved  May  10,  1907. 


Private  land. 
1901,  503, 

8§  3,  l 

R    I.    112,  j  L'9. 

1  7n  M  i 


Location  by 
purchase  or 
lease  on 
private  land. 
1901,503,  §  1. 
It.  L.  112,  §  9. 
178  Mass.  300. 


LAND. 

Section  42.  Except  as  provided  in  this  act,  and  except  for 
the  purpose  of  reaching  its  car  barns  or  repair  shops,  and  of 
reaching'  and  providing  convenient  terminals  in  parks  and  pleas- 
ure resorts  situated  upon  the  line  of  its  railway,  a  street  rail- 
way company  shall  not,  unless  authorized  by  special  act  of  the 
general  court,  construct  or  operate  any  part  of  its  railway  out- 
side the  limits  of  a  public  highway,  street  or  bridge ;  but  a 
street  railway  company  which,  prior  to  the  fourteenth  day  of 
June  in  the  year  nineteen  hundred  and  one,  without  special 
legislative  authority  therefor  constructed  any  part  of  its  rail- 
way upon  private  land,  with  the  consent  of  the  owners  of  such 
land,  or  upon  land  leased  or  purchased  by  such  company,  or 
which  prior  to  said  date  purchased  or  leased  land  for  the  pur- 
pose of  constructing  its  railway  thereon,  or  which  prior  to  said 
date  after  public  notice  and  a  hearing  obtained  the  approval  of 
the  board  of  aldermen  of  a  city  or  of  the  selectmen  of  a  town 
to  the  construction  of  a  part  of  its  railway  upon  private  land 
within  such  city  or  town,  and  prior  to  said  date  actually  with  the 
consent  of  the  owners  of  the  land  began,  or  obtained  their  con- 
sent to  begin,  such  construction,  may  construct,  maintain  and 
operate  its  railway  upon  such  private  land,  subject  however  to 
the  provisions  of  this  act  conferring  upon  the  board  of  railroad 
commissioners  control  over  street  railways  constructed  upon 
private  land. 

Section  VZ.  A  street  railway  company,  organized  under  the 
laws  of  this  commonwealth,  or  in  process  of  organization  there- 
under, having  first  obtained  the  approval  of  the  board  of  alder- 
men of  the  city  or  of  the  selectmen  of  the  town  in  which  private 
land  is  situated  to  the  construction  of  its  railway  thereon,  may, 
for  the  purpose  of  avoiding  grades  and  curves  in  public  ways, 
and  for  such  other  purposes  incidental  to  the  use  of  such  ways, 
as  the  board  of  railroad  commissioners  may  in  the  manner 
hereinafter  provided  approve,  petition  said  board  for  authority 
to  construct  and  maintain  parts  of  its  railway  or  extension 
thereof  upon  such  private  land  outside  the  limits  of  such  public 
ways.  The  company  in  such  petition  shall  set  forth  the  pur- 
pose for  which  such  authority  is  desired  in  each  case,  and 
shall  tile  with  the  petition  a  plan,  in  such  form  and  upon  such 
scale  as  the  board  of  railroad  commissioners  may  prescribe,  of 
the  railway  or  extension,  and  of  the  localities  where  it  is  de- 
si  rod  to  construct  the  same  upon  private  land,  and  said  board, 
after  public  notice  and  a  hearing,  if  it  is  satisfied  that  public 
necessity  and  convenience  demand  that  parts  of  the  railway  or 
extension  should  be  built  outside  the  limits  of  public  ways, 
substantially  on  the  private  land  selected,  and  that  the  approval 
of  the  board  of  aldermen  or  of  the  selectmen  of  the  city  or 


LAND.  137 

town  in  which  the  land  is  situated  has  been  obtained  as  afore- 
said, may  authorize  the  petitioner  to  construct  and  operate  its 
railway  or  extension  upon  and  over  private  land,  and  for  that 
purpose. to  purchase  or  lease  private  land  or  rights  therein  and 
thereover,  in  such  cases  and  to  such  extent  as  said  board  is  of 
opinion  that  public  necessity  and  convenience  in  the  construc- 
tion and  operation  of  the  railway  or  extension  require.  Said 
board  in  granting  such  authority  may  determine  the  kind  of 
construction  to  be  used,  the  grade  and  alignment  of  the  tracks, 
and  may  order  such  special  appliances  to  be  furnished  and  such 
safeguards  to  be  adopted  in  the  construction  and  operation  of 
the  railway  or  extension  upon  private  land  as,  in  its  judgment, 
regard  for  public  necessity,  convenience  and  safety  demands. 

Section  44.     A  street  railway  constructed  upon  private  land  Regulation  of 

...  .it         i  i        n  >i  ^    construction  or 

shall  not  be  opened  for  public  use  until  the  board  of  railroad  operation  on 

,,  ..  .  n  i  ni  private  land. 

commissioners,  alter  an  examination,  certifies  that  all  laws  1901,503,  §2. 
relative  to  its  construction  and  all  requirements  of  said  board 
have  been  complied  with,  and  that  it  appears  to  be  in  a  safe 
condition  for  operation.  Said  board  may,  at  any  time  after  the 
opening  of  a  street  railway  for  public  use,  order  such  changes 
and  improvements  to  be  made  in  the  construction  and  operation 
of  any  part  thereof  upon  private  land  as  in  its  judgment  may 
be  necessary  for  public  safety  in  the  use  thereof;  and  such 
order  shall  be  complied  with  by  the  street  railway  company. 

Section  45.     A  street  railway  company,  whose  railway  is  Provisions  of 
constructed  in  part  outside  the  limits  of  public  ways,  shall,  in  lsos^'To^s  5.' 
respect  of  the  equipment,  use  and  operation  of  its  railway  and 
transportation  thereon,  be  subject  to  all  the  provisions  of  law 
relative  to  street  railway  companies,  as  fully  as  if  its  railway 
were  located  wholly  within  the  limits  of  public  ways. 

Section  46.     A   street  railway  company,   organized  under  Location  by 
the  laws  of  this  commonwealth,   may  apply  to   the  board  of  domain  on 
aldermen  of  a  city  or  to  the  selectmen  of  a  town  in  which  it  1903!  4 7 if  §  i. 
desires  to  take  land,  for  an  adjudication  that  public  necessity 
and  convenience  require  that  certain  land,  or  interests  in  land, 
as  described  in  its  petition,  and  for  the  specific  purpose  therein 
stated,  be  taken  by  such  company,  to  enable  it,  in  constructing 
its  street  railway,  or  extension  thereof,  to  avoid  dangerous  curves 
or  grades  existing  in  the  highways,  or  for  other  similar  purposes 
incident  to  and  not  inconsistent  with  its  corporate  franchise  of 
operating  a  railway   to   accommodate   public  travel    in    public 
ways.     If  the  board  to  which  such  application  is  made  finds 
in  favor  of  the  petitioner,  after  such  public  notice  and  hearing 
as  are  required  by  law  in  the  case  of  the  grant  of  locations  for 
street  railways  in  public  ways,  the  company  may,  upon  com- 
plying with  the  provisions  prescribed   for  railroad  corporations 
by  section  seventeen  of  Part  TT,  apply  to  the  board  of  railroad  ^f&at^eto. 
commissioners  for  a  certificate   that    public   necessity   and    com    '/.',;).', //^ 
venience  require  the  construction   of  the   railway   between    the  ww  89.] 
termini  and  substantially  upon  the  route  fixed  by  the  agreemenl 
of  association  in  case  of  a  company  organized  under  the  general 


138 


LAND. 


S:une  subject . 
1903,  476,  §  2. 


Proviso. 


Same  subject. 
1903,  476,  §  3. 


Same  subject. 
1903,  476,  §  4. 


Reserved 
spacer  in  pub- 
lic ways. 


laws  and  by  the  charter  of  a  company  created  by  special  statute, 
or  of  the  extension  substantially  on  the  locations  already  granted 
efor,  and  for  approval  of  the  adjudication  of  the  board  of 
aldermen  or  of  the  selectmen  as  to  the  necessity  and  reasons  for 
taking  land  or  rights  in  land  in  every  city  or  town  in  which 
such  adjudication  has  been  made.  If  the  board  of  railroad 
commissioners,  after  public  notice  and  a  hearing,  at  which  all 
persons  or  corporations  alleging  that  they  would  be  injured 
by  the  construction  of  the  railway  shall  be  deemed  to  be  inter- 
ested parties  and  entitled  to  be  heard,  grant  the  certificate  as 
prayed  for,  the  petitioner  may  take  in  any  city  or  town,  in  the 
manner  provided  in  the  following  section,  any  land  or  rights  in 
land  the  taking  of  which  has  so  been  approved  by  said  board. 

Section  47.  A  street  railway  company  acting  under  au- 
thority of  the  preceding  section  shall  be  subject  to  all  the  pro- 
visions  of  sections  seventy-one,  seventy-four,  eighty-two  to  one 
hundred,  inclusive,  one  hundred  and  one  to  one  hundred  and 
three,  inclusive,  and  one  hundred  and  six  of  Part  II,  and,  if  its 
railway  crosses  a  public  way  or  another  street  railway,  except 
where  its  railway  is  constructed  within  the  limits  of  another 
public  way  crossing  such  way  or  street  railway,  it  shall  also  be 
subject  to  all  the  provisions  of  sections  one  hundred  and  seven 
to  one  hundred  and  twelve,  inclusive,  and  of  sections  one  hun- 
dred and  forty-nine  to  one  hundred  and  fifty-four,  inclusive,  of 
said  chapter :  provided,  however,  that  wherever  by  said  sections 
any  jurisdiction  is  conferred  upon  a  board  of  county  commis- 
sioners, the  same  shall  in  the  case  of  a  street  railway  company 
be  exercised  by  the  board  of  aldermen  of  the  city  or  by  the 
selectmen  of  the  town  in  which  the  land  or  other  property  pro- 
posed to  be  taken  is  situated. 

Section  48.  A  street  railway  company  authorized  to  con- 
struct its  railway  at  grade  across  a  public  way  in  any  place 
where  such  crossing  is  not  a  part  of  the  crossing  of  such  way 
by  another  public  way,  and  incident  to  the  construction  of  the 
street  railway  longitudinally  within  the  limits  of  such  other 
public  way,  shall,  in  any  proceedings  hereafter  begun  for  the 
abolition  of  such  grade  crossing  be  considered  as  a  railroad  cor- 
poration under  the  provisions  of  sections  twenty-nine  to  forty- 
five,  inclusive,  of  Part  I,  if  such  company  has  taken  any  land 
or  other  property  under  authority  of  the  preceding  two  sections; 
and  it  may  bring  a  petition,  or  be  made  a  respondent  to  any 
petition  brought  by  any  of  the  other  parties  named  in  said  acts, 
in  the  same  way  and  be  subject  to  the  same  liabilities  as  if  it 
were  a  railroad  corporation. 

Section  49.  The  provisions  of  the  three  preceding  sections 
shall  not  be  construed  as  enlarging  the  extent  or  purposes  for 
which  a  street  railway  may  be  constructed  or  operated  outside 
the  limits  of  public  ways  as  defined  and  limited  in  sections 
forty-two  and  forty-three. 

Section  50.  If  the  city  council  of  a  city  or  a  town  accepts 
the  provisions  of  this  section  or  has  accepted  the  corresponding 


PROTECTION    AXD    MARKING    OF    WIRES,    ETC.  139 

provisions  of  earlier  laws,  the  board  or  officers  authorized  to  1894,324. 
lay  out  streets,  highways  or  town  ways  may,  whether  any  such  191  Mass.  527.' 
street,  highway  or  town  way  is  laid  out  under  the  provisions  of 
law  authorizing  the  assessment  of  betterments  or  otherwise,  re- 
serve spaces  between  the  side  lines  thereof  for  street  railways. 

PROTECTTOX    AND    MARKING    OF    WIRES. 
Revised  Laws,  Chapter  122,  §§  16,  17. 

Section  1C.    A  person  or  a  corporation,  private  or  municipal,  owning  Regulations 
or  operating  a  line  of  wires  over  or  under  streets  or  buildings  in  a   ^reTin'cities 
city  or  town  shall  use  only  strong  and  proper  wires  safely  attached   and  towns, 
to  strong  and  sufficient  supports  and  insulated  at  all  points  of  attach-    1899!  337!  I  1 
ment ;   shall  remove  all   wires   the   use   of   which   is   abandoned ;    shall  ass' 

properly  insulate  every  wire  where  it  enters  a  building,  and,  if  such 
wire  is  other  than  a  wire  designed  to  carry  an  electric  light,  heat  or 
power  current,  shall  attach  to  it  at  a  proper  point  in  the  circuit,  near 
the  place  of  entering  the  building,  and  so  situated  as  to  avoid  danger 
from  fire,  an  appliance  adapted  at  all  times  to  prevent  a  current  of 
electricity  of  such  intensity  or  volume  as  to  be  capable  of  injuring 
electrical  instruments  or  of  causing  fire  from  entering  the  building  by 
means  of  such  wire  beyond  the  point  at  which  such  appliance  is 
attached;  and  shall  properly  insulate  every  wire  within  a  building 
which  is  designed  to  carry  an  electric  light,  heat  or  power  current. 

Section  17.     Such  person  or  corporation  shall,  in  cities,  affix  at  the  Names  of 
points  of  support  at  which  any  wire  or  cable  containing  wires  provided   attached0  ^ 
for   in   the    preceding   section   is   attached,    a    tag   or   mark   distinctly  J|^!'  f'.^y.  L|- 
designating  the  owner  or  user  of  such  wire  or  cable.     No  such  tag  or  §  2.  ' 
mark  shall  be   required   for  the   wires  of  a  street   railway  company, 
except  for  its  feed  wires  at  points  of  attachment   to   poles  carrying 
the  feed  wires   of   one  or  more  other  street   railway   companies.     In 
towns  wherever  wires  belonging  to  different  owners  are  attached  to  the 
same  pole,  cross  arm  or  fixture,  such  pole,  cross  arm  or  fixture  shall 
be  plainly  marked  with  the  name  or  initials  of  the  owner  of  the  same, 
and  such  wires,  at  or  near  their  points  of  attachment  to  such   pole, 
cross   arm   or  fixture,   shall  be  tagged   or  marked   with   the  names  or 
initials  of  their  owners. 

LEASE    OR    SALE    OF    RAILWAY. 

Section  51.     A   street  railway  company  shall  not  lease  or  Railway  not  to 
contract  for  the  operation  of  its  railway  for  a  period  of  more  soidt'except, 

than  ninety-nine  years  without  the  consent  of  the  general  court,  i!soi,  229.  §  21. 
nor,  except  as  provided  in  the  three  following  sections,  shall  it  pfs.'us.'fii 
sell  its  railway  unless  authorized  so  to  do  by  its  charter  or  by   Jf',7' ?!■•' •  s.-, 

Special   act  Of  the  general   COUl't.  157  Mass.  39.  173  Mass.  287.  I'  Allen.  65 

o  f  a         \  -l  •  Mass.  2111. 

section   52.     A  street  railway  company  incorporated  under  saieor 
the  laws  of  this  commonwealth  may  sell  and  convey  the  whole  J897?269?$nj 
or  ;i   part  of  its  franchise  and  property  to,  or  may  consolidate  1;  '■  l! 
with,   any  other  such   street   railway   company    whose    railway 
connects  with,   intersects  or  forms   a   continuous   line   with    its 
own,  if  the  facilities   for  travel   on   (lie  railway  of  each  of  said 
companies  shall  not  be  thereby  diminished,  or  the  rates  of  fare 
increased,   and  such   other  company  may   purchase  of  or  con- 
solidate with  it  as  aforesaid ;  but  such  purchase  and  sale  or  con- 


140 


LEASE    OR    SALE    OF    RAILWAY. 


[For  §  67,  Part 
I,  see  paw  SO.] 
Increase  of 

capital  stock, 
and  issue  of 
bonds. 

1897,  -'69,  §  2. 
R.L.I  12,  §87. 


Powers  and 
duties  of 
consolidated 
company. 
1897,  269,  I  3. 
R.  L.  112,  §  88. 


Operating 
contracts  and 
leases. 
1897,  213, 

R.  L.  112,  §  89. 


[For  Part  I, 
§  67,  see 
page  SO.] 


Powers  tinder 

contracts  or 

leases. 

1897,  213,  §  4. 

R.  L.  112,  §  90. 


solidation  shall  not  be  valid  or  binding  nntil  its  terms  have 
been  agreed  to  by  a  majority  of  the  directors,  and  have  been 
approved,  at  meetings  called  for  the  purpose,  by  a  vote  of  two 
thirds  in  interest  of  the  stockholders  of  each  of  the  contracting 
companies,  and  by  the  board  of  railroad  commissioners  as  re- 
quired by  section  sixty-seven  of  Part  I. 

Section  53.  The  purchasing  or  consolidated  company  may, 
subject  to  the  provisions  of  section  one  hundred  and  seven,  in- 
crease its  capital  stock  and  issue  bonds  to  an  amount  necessary 
for  the  purposes  authorized  in  the  preceding  section,  and  may 
exchange  its  securities  for  those  of  the  selling  or  merged  com- 
pany, if  the  aggregate  amount  of  the  capital  stock  and  debt  of 
the  two  contracting  companies  shall  not  by  reason  of  such  pur- 
chase and  sale  or  consolidation  be  increased. 

Section  54.  Such  purchasing  or  consolidated  company  shall 
have  the  powers  and  privileges,  and  be  subject  to  the  duties, 
liabilities  and  restrictions,  of  the  company  selling  or  merged, 
but,  except  as  provided  in  this  chapter,  no  right  to  conduct  an 
express  business  or  to  be  a  common  carrier  of  merchandise  shall, 
by  reason  of  any  such  sale  or  consolidation,  be  allowed  over  any 
location  where  it  had  not  been  granted  prior  to  the  tenth  day 
of  April  in  the  year  eighteen  hundred  and  ninety-seven. 

Section  55.  Two  street  railway  companies,  incorporated 
under  the  laws  of  this  commonwealth,  whose  railways  connect 
with  or  intersect  each  other  or  together  form  a  continuous  line, 
may  contract  that  either  company  shall  perforin  all  the  trans- 
portation upon  and  over  the  whole  or  any  part  of  the  railway 
of  the  other;  or  any  such  company  may  lease  its  franchise, 
property  and  railway  to  any  other  such  company;  but  the  facili- 
ties for  travel  on  either  of  the  railways  of  said  companies  shall 
not  be  thereby  diminished  or  the  rates  of  fare  increased.  Such 
contract  or  lease  shall  not  be  valid  or  binding  until  its  terms 
have  been  agreed  to  by  a  majority  of  the  directors,  and  have 
been  approved,  at  meetings  called  for  the  purpose,  by  a  vote  of 
a  majority  in  interest  of  the  stockholders  of  each  of  said  com- 
panies, and  by  the  board  of  railroad  commissioners,  as  re- 
quired by  section  sixty-seven  of  Part  I.  The  income  arising 
from  such  contracts  or  leases  shall  be  subject  to  the  provisions 
of  law  relative  to  the  reduction  of  fares  in  the  same  manner  as 
that  arising  from  the  use  of  the  railways.  Such  railways  shall 
be  considered  as  connecting  with  or  intersecting  each  other,  or 
forming  a  continuous  line,  if  one  of  them  connects  with  or  in- 
tersects or  forms  a  continuous  line  with  a  railway  leased  to  or 
operated  by  the  other  under  a  contract  authorized  by  the  pro- 
visions of  this  section. 

Section  56.  A  street  railway  company  which  contracts  for 
the  operation,  or  takes  a  lease,  of  another  railway  shall,  sub- 
ject to  the  terms  of  such  contract  or  lease,  have  and  enjoy  the 
powers  and  privileges,  and  shall  be  subject  to  the  duties,  liabili- 
ties and  restrictions  of  the  company  which  owns  it;  but  no 
right  to  carry  on  an  express  business  or  to  be  a  common  carrier 


ISSUE    OF    SECURITIES    BY    FOREIGN    CORPORATIONS,  ETC.  141 

of  merchandise  shall  be  allowed,  except  as  provided  in  this  act, 
over  any  location  where  it  had  not  been  granted  prior  to  the 
twenty-ninth  day  of  March  in  the  year  eighteen  hundred  and 
ninety-seven. 

Section  57.     A  street  railway  company  shall  not  appropriate  Proceeds  of 

„',  „     , .     .  n         i  i  •    i      i  l  sale  not  to  be 

for  the  payment  of  dividends  any  money  winch   lias  been  re-  used  for  de- 
ceived from  the  sale  of  any  portion  of  its  railway,  unless  it  is64,S229,  §  39. 
first  reduces  its  capital  stock  issued,  by  an  amount  which,  at  its  pSs.n3,'|  st! 
par  value,  is  equal  to  the  amount  which  such  portion  of  its  R'L112,§9L 
railway  cost  said  company. 

ISSUE   OF   SECURITIES   BY  FOREIGN   CORPORATIONS. 

Section  58.     If  a  foreign  corporation  which  owns  or  con-  issue  of  stock 
trols  a  majority  of  the  capital  stock  of  a  domestic  street  rail-  companies 
way  company  issues  stock,  bonds  or  other  evidences  of  indebt-  rf  domestic* 
edness  based  upon   or   secured  by  the  property,   franchise  or  5SW§?" 
stock  of  such  domestic  company,  unless  such  issue  is  author-  R- L>  126,  §  ll* 
ized  by  the  law  of  this  commonwealth,  the  supreme  judicial 
court  shall  have  jurisdiction  in  equity  in  its  discretion  to  dis- 
solve such  domestic  company.     If  it  appears  to  the  attorney- 
general  that  such  issue  has  been  made,  he  shall  institute  pro- 
ceedings for  such  dissolution  and  for  the  proper  disposition  of 
the  assets  of  such  company.     The  provisions  of  this  section  shall 
not  affect  the  right   of  foreign  corporations,   their  officers   or 
agents  to  issue  stock  and  bonds  in  fulfilment  of  contracts  ex- 
isting on  the  fourteenth  day  of  July  in  the  year  eighteen  hun- 
dred and  ninety-four. 

ELECTRICITY. 

Section  59.     A  city  or  a  town  shall  not  manufacture  or  dis-  cities  and 
tribute  electricity  for  furnishing  light,  heat  or  power  for  the  manufacture 

<.    ,i      l  n  '•!  or  distribute 

operation  of  the  cars  of  a  street  railway  company.  electricity  for 

1891,370,  §1.  R.L.34,  §  1.  153  Mass.  129.  163  Mass.  346.         operation  of 

1894, 533.  150  Mass.  592.  155  Mass.  601,  605.  cars- 

Section  60.     A  town  in  which  no  person  or  corporation  is  Certain  towns 

1  .,  l  .    .         may  purchase 

engaged  in  the  business  of  generating  or  distributing  electricity  electricity  for 
for  sale  for  lighting  purposes   and  which  is  not  itself  engaged   posesfrom 
in  such  business,  and  which  has  voted  or  shall  vote,  in  accord-  companies, 
ance  with  the  provisions  of  chapter  thirty-four  of  the  Revised  [Amended.  See 
Laws,  to  construct  one  or  more  plants  for  the  manufacture  or  19°e,2i8.i 
distribution  of  electricity   for  furnishing  light   for    municipal 
use  or  for  the  use  of  its  inhabitants,  or  for  both  purposes,  may 
make  contracts,  for  a  term  not  exceeding  ten  years,   with   any 
streel  railway  company  operating  a  street  railway  in  such  town, 
for  the  purchase  of  electricity  from  such   street  railway  com- 
pany, for  the  purpose  of  furnishing  light  for  municipal  use  or 
for  the  use  of  its  inhabitants,  or  for  both  purposes;  and   any 
street  railway  company  may  make  contracts  for  furnishing  elec- 
tricity as  aforesaid  to  a  town,  but  the  same  shall  not  become 
operative  unless  the  board  of  railroad  commissioners  shall,  after 
public  notice  and  a  hearing,  approve  the  terms  thereof  as  con- 
sistent with  the  public  interests. 


142 


ELECTRICITY. 


iD,  §  1, 

amended. 


Acts  of  1906,  Chapter  218. 

An  Act  relative  to  the  Purchase  of  Electricity  by  Towns  from  Street  Railway 

Companies. 

Section  one  of  chapter  four  hundred  and  forty-nine  of  the  acts  of  the 
year  nineteen  hundred  and  two  is  herehy  amended  by  striking  out  the 
words  "  and  which  is  not  itself  engaged  in  such  business  ",  in  the  third 
and  fourth  lines,  and  by  inserting  after  the  word  "  light ",  in  the  eighth 
and  fourteenth  lines,  the  words :  —  or  power,  —  so  as  to  read  as  follows  : 
Certain  towns  —  Section  1.  A  town  in  which  no  person  or  corporation  is  engaged  in 
™ectnchyfre«n  the  business  of  generating  or  distributing  electricity  for  sale  for  lighting 
o'mpaalesyay  purposes,  and  which  has  voted  or  shall  vote,  in  accordance  with  the 
provisions  of  chapter  thirty-four  of  the  Revised  Laws,  to  construct  one 
or  more  plants  for  the  manufacture  or  distribution  of  electricity  for 
furnishing  light  or  power  for  municipal  use  or  for  the  use  of  its 
inhabitants,  or  for  both  purposes,  may  make  a  contract  or  contracts, 
for  a  term  not  exceeding  ten  years,  with  any  street  railway  company  or 
companies  operating  a  street  railway  in  such  town,  for  the  purchase  of 
electricity  from  such  street  railway  company  or  companies,  for  the 
purpose  of  furnishing  light  or  power  for  municipal  use  or  for  the 
use  of  its  inhabitants,  or  for  both  purposes;  and  street  railway  com- 
panies may  make  contracts  for  furnishing  electricity  as  aforesaid  to  a 
town,  but  the  same  shall  not  become  operative  unless  the  board  of 
railroad  commissioners  shall,  after  a  public  hearing,  approve  the  terms 
thereof  as  consistent  with  the  public  interests.  [Approved  March  31, 
1906. 

Section  61.  The  electricity  supplied  by  a  street  railway 
company  to  a  town  shall  be  delivered  to  the  distributing  system 
of  said  town  at  some  specified  place  or  places  therein,  and  the 
meter  or  meters  through  which  such  electricity  is  measured 
shall  be  a  part  of  the  distributing  system. 

Section  62.  If  a  town  voting  to  purchase  electricity  from  a 
street  railway  company  is  unable  to  agree  with  such  company 
at  the  expiration  of  a  contract  made  in  accordance  with  the  pro- 
visions of  section  sixty  upon  the  price  to  be  paid  for  electricity 
by,  or  upon  the  manner  in  which  electricity  is  to  be  furnished 
to,  said  town  in  the  future,  such  town  through  its  selectmen  may 
apply  to  the  board  of  railroad  commissioners  to  fix  the  price 
which  said  town  shall  pay  for  said  electricity  to,  and  the  man- 
ner in  which  electricity  shall  be  furnished  by,  said  company; 
and  thereupon  the  said  board  shall  set  a  date  for  a  public  hear- 
ing upon  such  application,  giving  said  company  reasonable  no- 
tice thereof ;  and  after  the  hearing  said  board  shall,  if  it  deems 
the  furnishing  of  such  electricity  consistent  with  the  interests 
of  public  travel  upon  the  railway  of  such  company,  fix  the 
price  which  said  town  shall  pay  for  electricity  to,  and  the  man- 
ner in  which  electricity  shall  be  furnished  by,  said  company; 
and  said  company  shall  thereupon  furnish  to  said  town  elec- 
tricity  at  the  price  and  in  the  manner  fixed  by  said  board. 

Sectiox  63.  A  town  which  has  contracted  with  a  street  rail- 
way company  for  the  purchase  of  electricity  shall  be  subject  to 
the  provisions  of  chapter  thirty-four  of  the  "Revised  Laws  and 
of  all  nets  in  amendment  thereof  or  in  addition  thereto,  so  far 
as  the  same  may  be  applicable. 


Delivery  of 
electricity. 
1902,  449,  §  2. 


In  case  of 
disagreement, 
railroad  com- 
missioners to 
fix  price  of 
electricity. 
1902,  449,  §  3. 


To  be  subject 
to  certain  pro- 
visions of  law. 
1902,  449,  §  4. 


U2b 


1908. 
Chapter  243. 
An  Act  to  protect  Street  Railway  Companies,  Electric  Railroad  Companies  and 
Municipalities  engaged  in  the  Manufacture  or  Sale  of  Electricity  for  Lighting 
Purposes  from  the  Unlawful  Use  of  or  Diversion  of  Electricity  from  their 
Wires. 

Section  forty  of  chapter  one  hundred  and  twenty-one  of  the  Revised  R-  L.  121,  §  40, 
Laws  is  hereby   amended   by   inserting   after  the   word   "  to ",   in   the 
third  line,  the  words:  —  a  street  railway  company,  an  electric  railroad 
company  or,  —  and  by  inserting  after  the  word  "corporation",  in  the 
fourth  line,  the  words :  —  private  or  municipal,  —  so  as  to  read  as  fol- 
lows:—  Section  40.     Whoever  unlawfully  and  intentionally  injures  or  Diversion 
destroys,  or  suffers  to  be  injured  or  destroyed,  any  meter,  pipe,  con-  f^fwirei^ 
duit,  wire,   line,  pole,   lamp  or  other   apparatus  belonging  to  a  street  of  street  rail- 

.  ..  .  .      way  com- 

railway  company,  an  electric  railroad  company  or  a  corporation,  pri-  panies,  etc. 
vate  or  municipal,  or  company  engaged  in  the  manufacture  or  sale  of 
electricity  for  lighting  purposes,  or  unlawfully  and  intentionally  pre- 
vents an  electric  meter  from  duly  registering  the  quantity  of  electricity 
supplied,  or  in  any  way  interferes  with  its  proper  action  or  just  regis- 
tration, or,  without  the  consent  of  such  corporation  or  company,  un- 
lawfully and  intentionally  diverts  any  electric  current  from  any  wire 
of  such  corporation  or  company,  or  otherwise  unlawfully  and  inten- 
tionally uses  or  causes  to  be  used,  without  the  consent  of  such  cor- 
poration or  company,  any  electricity  manufactured  or  distributed  by 
such  corporation  or  company,  shall,  for  every  such  offence,  be  pun- 
ished by  a  fine  of  not  more  than  one  hundred  dollars  or  by  im- 
prisonment for  not  more  tha'n  one  year,  or  by  both  such  fine  and 
imprisonment,     [Approved  March  19,  1908. 


142c 


R.  L.  122, 

amended. 


Destruction 
of  wires,  poles, 
etc.     Penalty. 


1908. 

Chapter  233. 
An  Act  to  extend  the  Provisions  of  Section  Twenty-seven  of  Chapter  One  Hun- 
dred and  Twenty-two  of  the  Revised  Laws  to  Street  Railway  Companies, 
Electric  Railroad  Companies  and  Municipalities  engaged  in  the  Manufacture 
and  Sale  of  Electricity,  and  to  increase  the  Penalty  therein  provided  in  Cer- 
tain Cases. 

Section  twenty-seven  of  chapter  one  hundred  and  twenty-two  of  the 
Revised  Laws  is  hereby  amended  by  inserting  after  the  word  "  prop- 
erty ",  in  the  third  line,  the  words :  —  of  any  street  railway  company, 
of  any  electric  railroad  company,  or  of  any  city  or  town  engaged  in  the 
manufacture  and  sale  of  electricity  for  light,  heat  or  power  or,  —  and 
by  adding  at  the  end  thereof  the  words :  —  and  whoever  shall  do  any 
of  the  acts  prohibited  by  this  section  between  the  hours  of  four  o'clock 
in  the  afternoon  and  seven  o'clock  in  the  morning  shall  be  punished  by 
a  fine  of  not  more  than  one  thousand  dollars  or  by  imprisonment  for 
not  more  than  four  years,  or  by  both  such  fine  and  imprisonment,  —  so 
as  to  read  as  follows :  —  Section  27.  Whoever  unlawfully  and  inten- 
tionally injures,  molests  or  destroys  any  line,  wire,  pole,  pier  or  abut- 
ment, or  any  of  the  materials  or  property  of  any  street  railway  com- 
pany, of  any  electric  railroad  company,  or  of  any  city  or  town  engaged 
in  the  manufacture  and  sale  of  electricity  for  light,  heat  or  power 
or  of  any  company,  owner  or  association  described  in  sections  one  and 
twenty-five  shall  be  punished  by  a  fine  of  not  more  than  five  hundred 
dollars  or  by  imprisonment  for  not  more  than  two  years,  or  by  both 
such  fine  and  imprisonment;  and  whoever  shall  do  any  of  the  acts 
prohibited  by  this  section  between  the  hours  of  four  o'clock  in  the 
afternoon  and  seven  o'clock  in  the  morning  shall  be  punished  by  a  fine 
of  not  more  than  one  thousand  dollars  or  by  imprisonment  for  not  more 
than  four  years,  or  by  both  such  fine  and  imprisonment.  [Approved 
March  18,  1908. 


U3a 


1906.  463, 
part  III.   ,;   64, 
amended. 


Extension 
of  location. 


Proviso. 


[See  page  143,  §64.] 
1909. 
Chapter  417,  §  2. 
Section  2.  Section  sixty-four  of  Part  III  of  said  chapter  four  hun- 
dred and  sixty-three  is  hereby  amended  by  striking  out  the  words  "the 
president  or  a  majority  of  the  directors",  in  the  third  line,  and  insert- 
ing in  place  thereof  the  words:  —  upon  the  petition  executed  in  accord- 
ance with  the  by-laws  or  a  vote  of  the  directors,  —  by  striking  out  the 
word  "  thirty",  in  the  thirty-third  line,  and  inserting  in  place  thereof 
the  word:  —  sixty,  —  by  striking  out  the  words  "a  majority  of  the 
directors",  in  the  thirty-fourth  and  thirty-fifth  lines,  and  inserting  in 
place  thereof  the  word :  —  it,  —  and  by  inserting-  after  the  word 
"  extension ",  in  the  thirty-fifth  and  thirty-sixth  lines,  the  words :  — 
executed  in  accordance  with  its  by-laws  or  a  vote  of  its  directors,  —  so 
as  to  read  as  follows :  —  Section  64.  The  board  of  aldermen  of  a  city 
or  the  selectmen  of  a  town,  upon  the  petition  of  fifty  legal  voters,  or 
upon  the  petition  executed  in  accordance  with  the  by-laws  or  a  vote 
of  the  directors  of  a  street  railway  company  whose  tracks  are  located  in 
said  city  or  town,  after  public  notice  and  a  hearing  as  provided  in 
section  seven,  may  grant  a  location  for  the  extension  of  the  tracks  of 
such  company,  and  prescribe  how  said  tracks  shall  be  laid  and  the  kind 
of  rails,  poles,  wires  and  other  appliances  to  be  used;  but  they  shall 
impose  no  terms  or  conditions  to  such  grant  in  addition  to  those 
imposed  by  general  laws  on  street  railway  companies  in  force  on  the 
first  day  of  October  in  the  year  eighteen  hundred  and  ninety-eight,  or 
such  as  may  have  been  imposed  in  the  grant  of  original  location  to 
such  company  in  such  city  or  town  subsequently  to  said  date.  No  such 
extension  of  a  location  shall  be  valid,  until  the  board  of  railroad  com- 
missioners, after  public  notice  and  a  hearing,  shall  certify  that  such 
extension  is  consistent  with  the  public  interests.  If  said  board  requires 
an  alteration  in  such  extension  before  certifying  that  the  same  is  con- 
sistent with  the  public  interests,  said  board  shall  notify  the  board  of 
aldermen  or  selectmen  granting  such  extension  of  such  alteration;  and 
thereafter  said  board  of  aldermen  or  selectmen  may  amend  such  exten- 
sion in  accordance  with  such  alteration:  provided,  that,  if  such  altera- 
tion involves  a  change  in  the  route  of  the  railway,  public  notice  and  a 
hearing  shall  be  given  as  hereinbefore  provided  in  the  case  of  the 
original  application  for  an  extension;  and  thereafter  the  board  of  rail- 
road commissioners  may,  as  a  part  of  the  original  proceedings  before 
it,  certify  that  such  extension  so  amended  is  consistent  with  the  public 
interests.  An  extension,  so  certified  to  be  consistent  with  the  public 
interests,  shall  be  a  valid  location,  if,  within  sixty  days  after  the  issue 
of  notice  of  said  certification  to  the  company,  it  shall  file  a  written 
acceptance  of  such  extension,  executed  in  accordance  with  its  by-laws 
or  a  vote  of  its  directors,  with  the  board  of  aldermen  or  selectmen.  An 
extension  granted  by  a  board  of  aldermen  or  selectmen,  but  refused  cer- 
tification hereunder  by  the  board  of  railroad  commissioners,  or  not 
accepted  as  hereinbefore  provided,  shall  be  void. 


EXTENSION    OF    LOCATION,    ETC.  143 


EXTENSION    OF   LOCATION. 

Section  64.  The  board  of  aldermen  of  a  city  or  the  select-  Extension  of 
men  of  a  town,  upon  the  petition  of  fifty  legal  voters,  or  the  1874,29,511. 
president  or  a  majority  of  the  directors  of  a  street  railway  com-  i898, 578,  f  15! 
pany  whose  tracks  are  located  in  said  city  or  town,  after  public  1902,399*. 
notice  and  a  hearing  as  provided  in  section  seven,  may  grant  a  [fo^Ta85' 
location  for  the  extension  of  the  tracks  of  such  company,  and  392,489.] 
prescribe  how  said  tracks  shall  be  laid  and  the  kind  of  rails, 
poles,  wires  and  other  appliances  to  be  used ;  but  they  shall 
impose  no  terms  or  conditions  to  such  grant  in  addition  to  those 
imposed  by  general  laws  on  street  railway  companies  in  force 
on  the  first  day  of  October  in  the  year  eighteen  hundred  and 
ninety-eight,  or  such  as  may  have  been  imposed  in  the  grant  of 
original  location  to  such  company  in  such  city  or  town  subse- 
quently to  said  date.  No  such  extension  of  a  location  shall  be 
valid,  until  the  board  of  railroad  commissioners,  after  public 
notice  and  a  hearing,  shall  certify  that  such  extension  is  con- 
sistent with  the  public  interests.  If  said  board  requires  an 
alteration  in  such  extension  before  certifying  that  the  same  is 
consistent  with  the  public  interests,  said  board  shall  notify  the 
board  of  aldermen  or  selectmen  granting  such  extension  of 
such  alteration ;  and  thereafter  said  board  of  aldermen  or  select- 
men may  amend  such  extension  in  accordance  with  such  altera- 
tion: provided,  that,  if  such  alteration  involves  a  change  in  the 
route  of  the  railway,  public  notice  and  a  hearing  shall  be  given 
as  hereinbefore  provided  in  the  case  of  the  original  application 
for  an  extension;  and  thereafter  the  board  of  railroad  commis- 
sioners may,  as  a  part  of  the  original  proceedings  before  it,  cer- 
tify that  such  extension  so  amended  is  consistent  with  the  pub- 
lic interests.  An  extension,  so  certified  to  be  consistent  with  the 
public  interests,  shall  be  a  valid  location,  if,  within  thirty  days 
after  the  issue  of  notice  of  said  certification  to  the  company,  a 
majority  of  the  directors  shall  file  a  written  acceptance  of  such 
extension  with  the  board  of  aldermen  or  selectmen.  An  exten- 
sion  granted  by  a  board  of  aldermen  or  selectmen,  but  refused 
certification  hereunder  by  the  board  of  railroad  commissioners, 
or  not  accepted  as  hereinbefore  provided,  shall  be  void. 

ALTERATION    OF    LOCATION. 

Section  65.     The  board  of  aldermen  of  a  city  or  the  select-  Alteration <rf 

men  of  a  town,   upon  the  petition  of  the   president,  or  a    111:1     J^; .;■;■"■'  f  \\- 

i>     i        t  c  •-!  i  1        1871, 381, 5  15. 

jority  01  the  directors  01  a  street  railway  company  whose  tracks  p.  s.  113,  |  22. 
are  located  in  said  city  or  town,  or  upon  the  petition   of  any   1:  1.  i'i.\  §  :;u 
interested  party,  after  public  notice  and  a  hearing  as  provided  in    125  Jiaaa." 516. 
section  seven,  may  alter  the  location  of  the  tracks  in  the  manner  jaop-Ta. 
prescribed  in,  and  subject  to  the  provisions  of,  the  preceding  4i>~'  lv'1] 
section.     Such  alteration  shall  be  made  by  such  company  within 
such  time,  and  the  expense  thereof  shall  be  borne  by  such  party 
or  parties  and  in  such  proportions,  as  the  board  of  aldermen  or 


144:  REVOCATION    OF    LOCATION,  ETC. 

selectmen  may  determine.  No  such  alteration  of  a  location 
shall  be  valid,  until  the  board  of  railroad  commissioners,  after 
public  notice  and  a  hearing',  shall  certify  that  such  alteration  is 
consistent  with  the  public  interests.  If  said  board  requires  an 
amendment  to  such  alteration  before  certifying  that  the  same 
is  consistent  with  the  public  interests,  said  board  shall  notify 
the  board  of  aldermen  or  selectmen  of  such  amendment ;  and 
thereafter  said  board  of  aldermen  or  selectmen  may  amend  such 
alteration  in  accordance  with  the  said  amendment:  provided, 
that,  if  such  amendment  involves  a  change  in  the  route  of  the 
railway,  public  notice  and  a  hearing  shall  be  given  as  herein- 
before provided  in  the  case  of  the  original  application  for  an 
alteration ;  and  thereafter  the  board  of  railroad  commissioners 
may,  as  a  part  of  the  original  proceedings  before  it  certify  that 
such  alteration  so  amended  is  consistent  with  the  public  inter- 
ests. An  alteration,  so  certified  to  be  consistent  with  the  public 
interests,  shall  be  a  valid  location,  if,  within  thirty  days  after 
the  issue  of  notice  of  said  certification  to  the  company,  a  ma- 
jority of  the  directors  shall  file  a  written  acceptance  of  such 
alteration  with  the  board  of  aldermen  or  selectmen. 

REVOCATION    OF    LOCATION. 

^vocation  of        Section  60.     The  board  of  aldermen  of  a  city  or  the  select- 
lo-f •  oi?- §  15-  men  °f  a  town,  after  the  expiration  of  one  year  from  the  open- 

18<  1,381,  r  ,7  .-     x  .  -       .  .      "  If 

§§16,17.  mg  for  use  of  a  street  railway  in  their  city  or  town,  and  after 

j§  23, 24'.  public  notice  and  a  hearing  as  provided  in  section  seven,  if  the 

if.  l!  112!  §  32!  public  necessity  and  convenience  in  the  use  of  the  streets  so 
191  Mass*.  527.  require,  may,  for  good  and  sufficient  reasons  to  be  stated  in  the 
order  therefor,  revoke  the  location  of  a  street  railway  in  any 
highway  or  street  in'said  city  or  town;  but  unless,  within  thirty 
days  after  such  order  of  revocation,  the  company  consents 
thereto  in  writing,  such  order  shall  not  be  valid  until  approved 
by  the  board  of  railroad  commissioners  after  public  notice  and 
a  hearing.  Upon  the  approval  of  such  order  of  revocation,  the 
company  shall  remove  the  railway  in  conformity  with  such 
order  and  shall  put  the  surface  of  streets  which  has  been  dis- 
turbed by  such  removal  into  as  good  condition  as  the  adjacent 
surface  of  said  streets.  If  the  company  neglects  to  comply  with 
such  order  after  thirty  days'  notice  of  the  approval  thereof,  the 
board  of  aldermen  or  the  selectmen  may  cause  it  to  be  executed 
and  the  work  to  be  done  at- the  expense  of  the  company,  and  such 
expense  shall  be  recovered  in  an  action  of  tort. 

STREET    OR    HIGHWAY    WIDENING. 

waywidenlig"        Section  67.     If  application  is  made  for  a  location  in  a  street 
1898, 57S.  §  19.  or  highway  in  which  no  street  railwav  tracks  are  located,  and 

R.  L.  112,  §  33.  '  l-i  •  •!  i  ii  •    •  t-     i 

such  street  or  highway  is  widened  under  the  provisions  ot  chap- 
ters forty-eight  or  fifty  of  the  Revised  Laws  by  an  order  de- 
claring the  widening  to  be  rendered  necessary  for  the  public 
convenience  for  the  purpose  of  granting  such  location  of  street 


lUb 


[See  page  143,  §65.] 
1909. 
Chapter  417,  §  3. 
Section  3.  Section  sixty-five  of  Part  III  of  said  chapter  four  bun-  1906,  463, 
dred  and  sixty-three  is  hereby  amended  by  striking  out  the  words  "of  amended §65' 
the  president  or  a  majority  of  the  directors  ",  in  the  second  and  third 
lines,  and  inserting  in  place  thereof  the  words :  —  executed  in  accord- 
ance with  the  by-laws  or  a  vote  of  the  directors,  —  by  striking  out  the 
word  "  thirty ",  in  the  thirtieth  line,  and  inserting  in  place  thei'eof 
the  word :  —  sixty,  —  by  striking  out  the  words  "  a  majority  of  the  di- 
rectors ",  in  the  thirty-first  and  thirty-second  lines,  and  inserting  in 
place  thereof  the  word  :  —  it,  —  and  by  inserting  after  the  word  "  alter- 
ation ",  in  the  thirty-second  and  thirty-third  lines,  the  words:  — 
executed  in  accordance  with  its  by-laws  or  a  vote  of  its  directors,  —  so 
as  to  read  as  follows :  —  Section  65.  The  board  of  aldermen  of  a  city  Alteration 
or  the  selectmen  of  a  town,  upon  the  petition  executed  in  accordance  °  ocatlon- 
with  the  by-laws  or  a  vote  of  the  directors  of  a  street  railway  company 
whose  tracks  are  located  in  said  city  or  town,  or  upon  the  petition  of 
any  interested  party,  after  public  notice  and  a  hearing  as  provided  in 
section  seven,  may  alter  the  location  of  the  tracks  in  the  manner  pre- 
scribed in,  and  subject  to  the  provisions  of,  the  preceding  section.  Such 
alteration  shall  be  made  by  such  company  within  such  time,  and  the 
expense  thereof  shall  be  borne  by  such  party  or  parties  and  in  such 
proportions,  as  the  board  of  aldermen  or  selectmen  may  determine.  No 
such  alteration  of  a  location  shall  be  valid,  until  the  board  of  railroad 
commissioners,  after  public  notice  and  a  hearing,  shall  certify  that  such 
alteration  is  consistent  with  the  public  interests.  If  said  board  requires 
an  amendment  to  such  alteration  before  certifying  that  the  same  is 
consistent  with  the  public  interests,  said  board  shall  notify  the  board 
of  aldermen  or  selectmen  of  such  amendment ;  and  thereafter  said 
board  of  aldermen  or  selectmen  may  amend  such  alteration  in  accord- 
ance with  the  said  amendment :  provided,  that,  if  such  amendment  Proviso, 
involves  a  change  in  the  route  of  the  railway,  public  notice  and  a  hear- 
ing shall  be  given  as  hereinbefore  provided  in  the  case  of  the  original 
application  for  an  alteration;  and  thereafter  the  board  of  railroad  com- 
missioners may,  as  a  part  of  the  original  proceedings  before  it,  certify 
that  such  alteration  so  amended  is  consistent  with  the  public  interests. 
An  alteration,  so  certified  to  be  consistent  with  the  public  interests,  shall 
be  a  valid  location,  if,  within  sixty  days  after  the  issue  of  notice  of 
said  certification  to  the  company,  it  shall  file  a  written  acceptance  of 
such  alteration,  executed  in  accordance  with  its  by-laws  or  a  vote  of  its 
directors,  with  the  board  of  aldermen  or  selectmen. 


145a 


1906,  463, 
p:trt  III 
amended. 


8  70, 


Locations 
on  state  high- 
ways. 


[See  page  145,  §  70.] 
1909. 
Chapter  417,  §  4. 
Section  4.  Section  seventy  of  Part  III  of  said  chapter  four  hun- 
dred and  sixty-three  is  hereby  amended  by  striking-  out  the  words 
"  the  president  or  a  majority  of  the  directors  of ",  in  the  second  and 
third  lines,  —  by  striking  out  the  words  "  the  directors  of  ",  in  the  four- 
teenth line,  and  by  inserting  after  the  word  "company",  in  the  same 
line,  the  words :  —  by  vote  of  its  directors,  —  so  as  to  read  as  follows : 
—  Section  70.  If  the  board  of  aldermen  of  a  city  or  the  selectmen  of  a 
town  and  a  street  railway  comjDany  having  a  location  in  a  way  which 
said  board  of  aldermen  or  said  selectmen  or  the  county  commissioners 
of  the  county  in  which  said  city  or  town  lies,  have  in  writing  requested 
the  commonwealth  to  take  charge  of,  make  application  to  the  Massa- 
chusetts highway  commission,  and  with  the  application  submit  satis- 
factory plans,  profiles  and  cross-sections  of  said  way,  the  commission 
shall  indicate  on  such  plans,  profiles  and  cross-sections  a  location 
and  grade  for  the  tracks  of  said  street  railway  company.  If  the 
commission  considers  said  way  suitable  for  a  state  highway,  and  the 
commission  and  the  street  railway  company  by  vote  of  its  directors 
agree  as  to  the  proportionate  part  of  the  cost  of  constructing  it  which 
shall  be  paid  by  the  commonwealth  and  by  the  street  railway  company, 
the  commission  may  pay,  out  of  the  appropriations  for  the  construction 
and  repair  of  state  highways,  said  proportionate  part  of  the  damages 
sustained  by  a  person  whose  property  may  be  injured  by  the  con- 
struction of  such  state  highway,  and  of  the  cost  of  grading  the  said 
way  to  the  lines  established  by  the  Massachusetts  highway  commission. 
A  way  which  is  graded  under  the  provisions  of  this  section  shall  remain 
a  town  way  or  a  highway,  subject  to  all  laws  relative  thereto,  until 
said  way  is  taken  charge  of  as  a  state  highway  by  the  commonwealth. 


STATE    HIGHWAYS.  145 

railway  tracks  therein,  a  proportionate  share  of  the  expense  of 
such  widening  may  be  assessed  upon  a  street  railway  company 
which  accepts  a  location  in  the  street  or  highway  so  widened ; 
but  the  amount  of  such  assessment,  in  addition  to  the  amounts 
assessed  on  real  estate,  shall  not  exceed  one  half  of  the  total 
cost  of  such  widening. 

Section  68.     If  a  street  or  highway  in  which  the  tracks  of  a  Alteration  or 
street  railway  company  have  been  located  for  a  period  of  five  gradf  of^treet 
years  is  altered,  or  if  the  grade  thereof  is  changed  under  the  ^tSeats. 
provisions  of  chapters  forty-eight  or  fifty  of  the  Revised  Laws,  r 9£:  1I2' § -f! 
the  company  shall  pay  such  proportionate  share  of  the  expense 
thereof,   including  therein  the  necessary  cost  of  changing  its 
railway  to  conform  to  such  alteration  or  change  of  grade,  as 
may  be  assessed  upon  it,  provided  that,  if  betterments  are  as- 
sessed, no  such  assessment  on  the  company  shall  exceed  the 
aggregate   amount   of   all    the   betterments   assessed   upon   real 
estate,  and  that  in  no  case  shall  such  assessment  exceed  one 
quarter  of  the  total  cost  of  such  alteration  or  change  of  grade. 

Sectiox  69.     The  provisions  of  chapter  fifty  of  the  Eevised  ^™VaPioi"cabfie 
Laws  relative  to  the  assessment  of  betterments  on  real  estate,  *°- 
so  far  as  applicable,  shall  apply  to  assessments  made  under  the  R-  l!  u-.  §  35! 
provisions  of  the  two  preceding  sections.     Said  assessments  shall 
be  collected  according  to  the  provisions  of  chapter  thirteen  of  the 
Revised  Laws. 

STATE    HIGHWAYS. 

Section  70.    If  the  board  of  aldermen  of  a  city  or  the  select-  Location 

c  ii  -l  f  upon  state 

men  of  a  town  and  the  president  or  a  maionty  of  the  directors  highways 

.  .  .  1901   414 

of  a  street  railway  company  having  a  location  in  a  way  which  R.  l!  112,' §  3s. 
said  board  of  aldermen  or  said  selectmen  or  the  county  commis- 
sioners of  the  county  in  which  said  city  or  town  lies,  have  in 
writing  requested  the  commonwealth  to  take  charge  of,  make 
application  to  the  Massachusetts  highway  commission,  and  with 
the  application  submit  satisfactory  plans,  profiles  and  cross-sec- 
tions of  said  way,  the  commission  shall  indicate  on  such  plans, 
profiles  and  cross-sections  a  location  and  grade  for  the  tracks 
of  said  street  railway  company.  If  the  commission  considers 
said  way  suitable  for  a  state  highway,  and  the  commission  and 
the  directors  of  the  street  railway  company  agree  as  to  the 
proportionate  part  of  the  cost  of  constructing  it  which  shall  be 
paid  by  the  commonwealth  and  by  the  street  railway  company, 
the  commission  may  pay,  out  of  the  appropriations  for  the  con- 
struction and  repair  of  state  highways,  said  proportionate  part 
of  the  damages  sustained  by  a  person  whose  property  may  be 
injured  by  the  construction  of  such  state  highway,  and  of  the 
cost  of  grading  the  said  way  to  the  lines  established  by  the 
Massachusetts  highway  commission.  A  way  which  is  graded 
under  the  provisions  of  this  section  shall  remain  a  town  way 
or  a  highway,  subject  to  all  laws  relative  thereto,  until  said  way 
is  taken  charge  of  as  a  state  highway  by  the  commonwealth. 

Section  71.     If  a  public  way  in  which  a  street  railway  loca-  Supervision  by 
tion  has  been  granted  shall  be  thereafter  laid  out,  taken  charge 


slate  highway 
commission 


14(5 


OPERATION. 


1S9S,  578,  §  24 
R.  L.  112,  §  61 


Laying  and 
const  ruction 
of  railways 
in  state  high- 
ways, etc. 
1893,  476,  §  14. 
R.  L.  47,  |  21. 


31 


;.]"■ 


Opening  for 
use  condi- 
tional upon 
certificate  of 
railroad  com- 
missioners. 
1901,368. 
R.  L.  112,  §  39. 


Rules  as  to 
rate  of  speed, 
etc. 

1864.  229,  §  16. 
1871.  381, 
§§  18,  19. 
P.  S.  113. 
S§  27,28. 
R.  L.  112,  §40. 
1903,  143. 
1905,  376. 
11  Allen,  287. 
167  Mass.  49. 
190  Mass.  531. 


of  or  constructed  by  or  under  the  authority  of  the  Massachu- 
setts highway  commission,  the  commission  shall  thereafter,  rela- 
tive to  the  location  and  maintenance  of  a  street  railway  upon 
such  state  highway,  have  the  authority  conferred  by  the  pro- 
visions of  sections  seven,  sixty-four,  sixty-five,  sixty-six  and  sev- 
enty-nine upon  boards  of  aldermen  and  selectmen,  and  shall 
exercise  such  authority  in  the  same  manner,  and  subject  to  the 
same  rights  and  limitations. 

Section  72.  A  state  highway  shall  not  he  dug  up  for  the 
construction  of  a  street  railway,  except  upon  written  permit  of 
the  Massachusetts  highway  commission,  and  in  accordance  with 
the  regulations  of  the  commission ;  and  the  work  shall  be  done 
under  the  supervision  and  to  the  satisfaction  of  said  commis- 
sion, and  the  entire  expense  of  replacing  the  highway  in  as 
good  condition  as  before  shall  be  paid  by  the  street  railway 
company. 

OPERATION. 

Section  73.  ISTo  street  railway  or  portion  or  extension 
thereof  shall  be  opened  for  public  use  until  the  board  of  rail- 
road commissioners,  after  an  examination,  certifies  that  all  laws 
relative  to  its  construction  have  been  complied  with,  and  that 
it  appears  to  be  in  a  safe  condition  for  operation ;  but  nothing 
herein  contained  shall  be  construed  as  compelling  said  board  to 
grant  such  certificate  until  the  entire  road  included  in  the  loca- 
tion of  such  railway,  portion  or  extension  has  been  completed. 

Section  74.  The  board  of  aldermen  of  a  city,  or  the  select- 
men of  a  town  may,  subject  to  the  approval,  revision  or  altera- 
tion of  the  board  of  railroad  commissioners,  establish  such 
regulations  as  to  the  rate  of  speed,  the  manner  and  extent  of 
use  of  tracks,  and  the  number  and  routes  of  cars  which  run 
over  such  tracks,  within  such  city  or  town,  as  the  interest  and 
convenience  of  the  public  may  require ;  and  a  street  railway 
company  whose  servants  or  agents  wilfully  or  negligently  vio- 
late any  such  regulations  shall  forfeit  not  more  than  five  hun- 
dred dollars  for  each  offence. 


Use  of  ways. 
L857.82. 
G   S.  15,  §  10. 
1865,31,  §  1. 
1869,  301. 

1874,  225. 

1875,  136. 

1876,  20. 

P.  S.  53,  §§  10- 
13.  15,  16. 
1892,  390. 
1 1  Gray,  52. 

1  10  Mass.  432. 
148  Mass.  380. 
162  Mass.  496. 


Revised  Laws,  Chapter  52,  §§  6,  7. 
Section  6.  Cities  and  towns  may  make  ordinances  and  by-laws  to 
prevent  the  pasturing  of  cattle  or  other  animals,  either  with  or  without 
a  keeper;  relative  to  the  passage  and  driving'  of  sheep,  swine  and  neat 
cattle ;  prohibiting  persons  from  riding  or  driving  beasts  of  burden, 
carriage  or  draught,  at  a  rate  of  speed  inconsistent  with  public  safety 
or  convenience;  regulating  the  passage  of  carriages,  sleighs,  street  cars, 
or  other  vehicles,  or  the  use  of  sleds  for  coasting;  regulating  and  con- 
trolling persons  who  frequent  public  places  playing  on  hand  organs, 
drums,  trumpets  or  other  musical  instruments,  upon  or  through  any 
way  or  bridge,  and  may  affix  penalties  of  not  more  than  twenty  dollars 
for  each  violation  thereof.  They  may,  by  ordinance  or  by-law,  regulate 
the  transportation  of  the  offal  of  slaughtered  animals  upon  or  through 
any  way  or  bridge  and  affix  a  penalty  of  not  more  than  one  hundred 
dollars  for  each  violation  thereof. 


OPERATION.  147 

Section  7.    A  city,  by  ordinance,  and  a  town,  by  by-law,  may  prohibit  Speed  of 
persons  from  riding  or  propelling,  or  from  causing  to  be  propelled,  a   regulated, 
vehicle  except  such  as  is  drawn  by  a  horse  or  a  person,  upon  a  street  or  1901, 192,  *  I" 
way  therein,  at  a  rate  of  speed  which  it  considers  to  be  inconsistent  with 
public   safety   or  convenience,   and  for  a   violation   thereof   may  affix 
a  penalty  of  a  fine  of  not  more  than  one  hundred  dollars  or  of  im- 
prisonment for  not  more  than  ten  days,  or  of  both  such  fine  and  im- 
prisonment. 

Section  75.     The  superintendent  of  streets  of  a  city,  or  any  clearing  snow 
officer  who  exercises  like  authority  therein,  and  the  selectmen  1898,578,  §12. 
of  a  town,  shall  establish  regulations  for  the  clearance  of  snow     '    ' 
from  its  tracks  by   any  street  railway  company  operating  in 
said  city  or  town,  and  for  the  removal  of  such  snow  by  said 
street  railway  company  from  the  streets  or  ways  in  which  such 
tracks  are  located:  provided,   that  no  street  railway  company 
shall  be  compelled  to  remove  from  the  streets  or  ways  in  which 
its  tracks  are  located  an  amount  of  snow  greater  than  it  has 
cleared  from  between  its  rails  and  between  its  tracks  and  from 
a  space  eighteen  inches  "wide  on  either  side  of  its  tracks. 

On  or  before  the  first  day  of  September  in  each  year,  the 
local  authorities  hereinbefore  named  shall  transmit  to  the  presi- 
dent or  other  officer  of  each  street  railway  company  operating 
its  cars  in  the  streets  or  ways  of  said  city  or  town,  and  to  the 
board  of  railroad  commissioners,  a  copy  of  the  regulations  as 
established  by  said  authorities.  Within  fourteen  days  after  the 
receipt  by  any  street  railway  company  of  such  regulations  said 
street  railway  company  may,  by  its  president  or  a  majority  of 
its  board  of  directors,  petition  the  board  of  railroad  commis- 
sioners for  such  amendment  thereto  as  said  president  or  said 
board  of  directors  consider  reasonable.  Said  board  shall,  after 
notice  and  a  hearing,  within  sixty  days  of  the  receipt  of  said 
petition,  file  with  said  local  authorities  and  with  the  president 
of  said  street  railway  company  its  findings  upon  said  petition, 
including  such  amendments  to  said  regulations,  if  any,  as  said 
board  considers  reasonable,  and  thereafter  such  regulations  as 
established  by  said  local  authorities  and  as  amended  by  said 
board  shall  be  and  remain  in  force  until  the  first  day  of  the 
September  following,  and  thereafter  until  other  regulations  are 
established  as  is  heroin  provided. 

Section  76.     If  a  street  railway  company  voluntarily  dis-  Voluntary  dis- 
continues the  use  of  any  part  of  its  tracks  for  a  period  of  six  ^of'traciL? 
mouths,  the  streets  or  highways  occupied  thereby  shall,   upon  i§7il fill 1 25] 
the  order  of  the  board  of  aldermen  of  a  city  or  the  selectmen  of  ji  S.  ii|,  |  25. 
a  town,  forthwith,  at  the  expense  of  the  company,  be  cleared  of  JS01^339^ 
said  tracks,  and  be  put  into  as  good  condition  for  public  travel 
as  they  were  in  immediately  before  being  so  occupied.      If  a 
street  railway  company  without  right  or  lawful  excuse  discon- 
tinues the  use  of  any  track  and  when  requested  by  the  board  of 
aldermen  of  the  city  or  by  the  select  men  of  the  town  in  which 
such  track  is  located  refuses  to  operate  the  same,  the  mayor  of 


148 


OPERATION, 


Temporary 
discontinu- 
ance of  use  of 
tracks. 

1864,  229,  §  20. 
1871,381,§  26. 
P.  S.  113.  |  26. 
R.  L.  112,  §  37. 


Taking  up, 
alteration  or 
discontinu- 
ance of  streets 
or  highways. 
1864,  229,  §  17. 
1871,381,§  20. 


Repair  of 
streets,  high- 
ways and 
bridges. 
1864,  229,  §  18. 
1866,  286. 
1871,  381,  §  21. 
1881,  121. 
P.  S.  113,  §  32. 
1898,  578,  §  11. 
R.  L.  112,  §44. 
104  Mass.  18. 
109  Mass.  221, 
525. 

112'  Mass.  57. 
116  Mass.  420. 
130  Mass.  492. 
132  Mass.  178. 
149  Mass.  335. 

168  Mass.  556. 

169  Mass.  508. 
173  Mass.  587. 
L82  Mass.  41, 
19. 

184  Mass.  294. 

188  Mass.  180. 

189  Mass.  256. 

191  Mass.  308. 

192  Mass.  114, 
315. 

196  U.  S.  539. 


such  city,  if  duly  authorized  by  vote  of  the  city  council  or  the 
selectmen  of  such  town  it'  duly  authorized  by  vote  of  the  town, 
may  petition  the  supreme  judicial  court  to  compel  said  company 
to  resume  the  use  of  such  track  and  to  perform  all  its  corporate 
duties  relating  thereto.  Such  petition  shall  set  forth  the  facts 
upon  which  the  petitioner  relies  and  the  relief  sought,  but  shall 
not  be  defeated  for  informality,  and  may  be  amended  at  any 
stage;  and  said  court  shall  have  jurisdiction  in  equity  to  deter- 
mine the  cause  and  enforce  its  decrees  and  orders  relative 
thereto.  Upon  the  filing  of  any  such  petition  said  court  shall 
order  due  notice  to  be  served  upon  the  street  railway  company 
and  shall  advance  the  cause  to  speedy  hearing  and  final  decision. 
In  case  the  track,  the  use  of  which  has  been  discontinued,  is 
located  in  two  or  more  municipalities,  any  or  all  of  such  munici- 
palities acting  by  the  officials  above  named  and  authorized  as 
hereinbefore  provided,  may  join  in  such  petition.  Nothing 
herein  contained  shall  be  deemed  a  legislative  construction  of 
any  existing  law  or  an  impairment  of  any  existing  right  of  a 
street  railway  company  to  discontinue  the  use  of  tracks. 

Section  77.  The  board  of  aldermen  of  a  city  or  the  select- 
men of  a  town  may  order  a  street  railway  company  to  discon- 
tinue temporarily  the  use  of  any  tracks  wTithin  the  limits  of  such 
city  or  town,  if  they  determine  that  the  public  safety  or  con- 
venience so  requires. 

Section  78.  A  city  or  a  town  which,  for  any  lawful  pur- 
pose, takes  up,  alters  or  discontinues  streets  or  highways  in 
which  the  tracks  of  a  street  railway  company  are  located,  shall 
not  be  liable  in  damages  therefor  to  the  street  railway  company. 

P.  S.  113,  §  31.  R.  L.  112,  §  43.  135  Mass.  551. 

Section  79.  A  street  railway  company  shall  not  be  required 
to  keep  any  portion  of  the  surface  material  of  streets,  highways 
and  bridges  in  repair,  but  it  shall  remain  subject  to  all  legal 
obligations  imposed  in  original  grants  of  locations,  and  may,  as 
incident  to  its  corporate  franchise,  and  without  being  subject 
to  the  payment  of  any  fee  or  to  any  other  condition  precedent, 
open  any  street,  highway  or  bridge  in  which  any  part  of  its 
railway  is  located,  for  the  purpose  of  making  repairs  or  renewals 
of  the  railway,  or  of  any  part  thereof,  and  the  superintendent 
of  streets  or  other  officer  w7ho  exercises  like  authority,  or  the 
board  of  aldermen  or  selectmen  shall  issue  the  necessary  permits 
therefor  in  a  city  or  town  in  which  such  are  required.  If, 
during  the  original  construction  or  subsequent  alteration  or  ex- 
tension or  the  making  of  any  such  repairs  or  renewals  of  any 
railway  or  a  portion  thereof,  said  surface  material  is  disturbed, 
the  company  which  owns  or  operates  such  railway  shall,  at  its 
own  cost,  except  as  provided  in  sections  sixty-five  and  seventy- 
one,  replace  to  the  reasonable  satisfaction  of  the  superintendent 
of  streets,  or  other  officer  who  exercises  like  authority,  said 
surface  material  with  the  same  form  of  construction  as  that 
which  was  disturbed,  or,  by  first  obtaining  the  approval  thereof 
by  such  officer,  with  a  different  material  and  form  of  construe- 


OPERATION.  149 

lion,  and  shall  restore  said  street,  highway  or  bridge  to  as  good 
condition  as  existed  at  the  time  of  such  disturbance.  A  street 
railway  company  shall  be  liable  for  any  loss  or  injury  which 
may  be  sustained  by  any  person  in  the  management  and  use  of 
its  tracks  and  during  the  construction,  alteration,  extension, 
repair  or  renewal  of  its  railway,  or  while  replacing  the  surface 
of  any  street  which  may  have  been  disturbed  as  aforesaid,  and 
which  results  from  the  carelessness,  neglect  or  misconduct  of  its 
agents  or  servants  who  are  engaged  in  the  prosecution  of  such 
work,  if  notice  of  such  loss  or  injury  is  given  to  the  company 
and  an  action  therefor  is  commenced  in  the  manner  provided 
by  section  twenty  of  chapter  fifty-one  of  the  Revised  Laws. 
The  provisions  of  this  section  shall  not  affect  the  obligations  of 
any  street  railway  company  in  respect  of  the  construction  or 
maintenance  of  any  bridge  or  part  thereof  which  any  private 
person  or  corporation  may  be  liable,  in  whole  or  in  part,  to  con- 
struct or  maintain. 

Revised  Laws,  Chapter  51,  §  20. 

Section  20.     A  person  so  injured  shall,  within  ten  days  thereafter,  Notice  of  in- 

if  such  defect  or  want  of  repair  is  caused  by  or  consists  in  part  of  snow  {ion  of  action, 

or  ice,  or  both,  and  in  all  other  cases,  within  thirty  days  thereafter,  give  j>S7s'524§  i|' 

to  the  county,  city,  town  or  person  by  law  obliged  to  keep  said  way,  1882,  36. 

causeway  or  bridge  in  repair,  notice  of  the  time,  place  and  cause  of  the  isV-i!  422 

said  injury  or  damage;  and  if  the  said  county,  city,  town  or  person  does  \ig  m 

not  pay  the  amount  thereof,  he  may  within  two  years  after  the  date  J3i  Mass.  441. 

of  said  injury  or  damage  recover  the  same  in  an  action  of  tort.     Such  534. 

notice  shall  not  be  invalid  or  insufficient  solely  by  reason  of  any  in-  4§4  oof^'  374, 

accuracy  in  stating  the  time,  place  or  cause  of  the  iniurv,  if  it  is  shown  }?6  Mass.  136. 

.,     ,     ,,  «    .       .•  1  •   1       n  -1,1,,  •  .     ,  I45  Mass.  549. 

that  there  was  no  intention  to  mislead  and  that  the  party  entitled  to   151  Mass.  212. 
notice  was  not  in  fact  misled  thereby.  jg4  Jjass.  393. 

132  Mass.  299,  324.  133  Mass.  529.  135  Mass.  110.  147  Mass.  402.  Time. 

Place.  136  Mass.  136.  130  Mass.  161,  136  Mass.  27S,  419. 

128  Mass.  521.  139  Mass.  91.  275,398,494.  140  Mass.  227,  424. 

130  Mass.  115.  155  Mass.  595.  131  Mass.  441,  142  Mass.  486. 

131  Mass.  202.  156  Mass.  145.  443,516.551.  155  Mass.  344. 

132  Mass.  187,  324.  158  Mass.  279.  132  Mass.  187,  324,  441.      168  Mass.  251,  556. 
135  Mass.  110.  Cause.  135  Mass.  110.  177  Mass.  373. 

Section  80.     If,  upon  the  trial  of  an  action  against  the  com-  Liability  of 

monwealth,  a  city,  town,  railroad  corporation  or  bridge  corpora-  defective  f"r 

tion,  the  plaintiff  recovers  damages  for  an  injury  to  his  person  wa^^nd1^" 

or  property  which  was  caused  by  reason  of  a  defect  in  a  street,  11'^:j: ,,,:Si. 

highway  or  bridge  which  is  occupied  by  the  tracks  of  a  street  ];%'  j;^' 

railway  company,  and  the  street  railway  company  is  liable  for  ft.  l.  112.  j  15 

such  damages  under  the  preceding  section,  and  has  had  reason-  112  Mass.  is 
able  notice  to  defend  the  action,  the  commonwealth,  city,  town, 
railroad  corporation  or  bridge  corporation  may  recover  the  dam- 
ages, and  all  the  costs  of  both   plaintiff  and  defendant  in  the 
action  from  the  street  railway  company. 

Section  81.     Every  street  railway  company  shall,  in  a  man-  Guardsupon 

ner  satisfactory  to  the  board  of  railroad  commissioners,  erect  draws, 

and  maintain  upon  every  bridge,  or  draw  of  a  bridge,  which  is  istVW,' 

crossed  by  its  tracks,  guards  or  railings,  to  prevent  its  ears  from  r  s'V:!. 

running  off.     If,  for  sixty  days  after  service  upon  it  of  an  order  K*  j^'iil",  5  10. 


128  Mass.  318. 

ass.  '>-'>. 


150 


OPERATION. 


Cars  to  stop 
at  railroad 
en  if  sini 
L859,  L26.  5  2. 
'.    S   63,  §  1  12. 
L864,  229,  §36. 
1871,  381, 
§§  4  7.48. 
P    S    113, 
l§  41,42. 
R.  L.  112,  5  02. 


Notice  of  ap- 
proach of  cars. 
1864.  229,  §  22. 
1871,381,  §  28 
P.  S.  113.  |  36. 
R.  L.  112,  §47. 


OVist  ruction 
of  tracks. 
L864,  229,  §  22. 
1871,  381,  §  29. 
P.  S.  113,  §  37. 
1901,  452. 
R.  L.  112,  §  48. 
7  Allen,  573. 


Penalty. 


Explosives 
upon  tracks. 
1904,  396. 


Loitering 
within 

stations,  etc. 
1905,  134. 


Disorderly 
conduct  in 
public  con- 
veyances. 
L883,  102. 
a.  L.  212,  S 


:;.-,. 


Obstruction 

of  streets  or 
highways  by 
companies. 


of  the  board  of  railroad  commissioners  relative  to  such  guards 
or  railings,  it  neglects  to  comply  therewith,  it  shall,  for  each 
month  of  such  neglect  subsequent  to  said  sixty  days  forfeit  two 
hundred  dollars,  to  the  use  of  the  city  or  town. 

Section  82.  If  a  street  railway  crosses  at  the  same  level  a 
steam  railroad  where  locomotive  engines  are  in  daily  use,  every 
motorman  of  a  car  upon  the  street  railway  shall,  when  approach- 
ing the  point  of  intersection,  stop  his  car  within  one  hundred 
feet  of  the  crossing.  For  each  violation  of  the  provisions  of  this 
section,  the  motorman  shall  forfeit  ten  dollars,  and  the  company 
which  employs  him  shall  forfeit  twenty  dollars. 

Section  83.  The  board  of  aldermen  of  a  city  or  the  select- 
men of  a  town  may,  subject  to  the  approval  of  the  board  of  rail- 
road commissioners,  establish  such  regulations,  requiring  the 
motorman  or  conductor  to  give  notice  or  warning  of  the  approach 
of  street  cars,  as  shall  in  their  opinion  best  secure  the  unob- 
structed use  of  the  tracks  and  the  free  passage  of  the  cars. 

Section  84.  Whoever  wilfully  obstructs  a  street  railway 
company  in  the  legal  use  of  a  railway  track,  or  delays  the  passing 
of  its  cars  thereon,  or  aids  or  abets  in  such  obstruction  or  delay, 
shall  be  punished  by  a  fine  of  not  more  than  five  hundred  dollars 
or  by  imprisonment  for  not  more  than  three  months. 

Whoever  commits  any  of  said  acts  in  such  manner  as  to  en- 
danger the  life  or  safety  of  persons  conveyed  in  or  upon  said 
cars,  or  aids  or  abets  therein,  shall  be  punished  by  imprisonment 
in  the  state  prison  for  not  more  than  ten  years,  or  by  a  fine  of 
not  more  than  one  thousand  dollars. 

Section  85.  Whoever  without  right  throws  into,  against  or 
upon,  or  puts,  places  or  explodes  or  causes  to  be  exploded  in, 
upon  or  near  a  street  railway  or  street  railway  car,  gunpowder 
or  other  explosive,  or  a  bombshell,  torpedo  or  other  instrument 
filled  or  loaded  with  an  explosive,  with  intent  unlawfully  to 
destroy  or  injure  such  street  railway  or  street  railway  car,  or 
any  person  or  property  therein  or  thereon,  shall  be  punished  by 
imprisonment  in  the  state  prison  for  not  more  than  ten  years 
or  in  jail  for  not  more  than  five  years,  or  by  a  fine  of  not  more 
than  five  hundred  dollars. 

Section  86.  Whoever  without  right  loiters  or  remains  within 
a  station  or  waiting-room  of  a  street  railway  company,  or  upon 
the  platform,  stairs,  grounds  or  other  property  owned  or  con- 
trolled by  a  street  railway  company,  adjacent  to  such  station  or 
waiting-room,  after  being  requested  to  leave  the  same  by  a  special 
or  other  police  officer,  shall  forfeit  not  less  than  two  nor  more 
than  twenty  dollars. 

Section  87.  Whoever,  in  or  upon  a  street  railway  car,  is 
disorderly,  or  disturbs  or  annoys  travellers  in  or  upon  the  same 
by  profane,  obscene  or  indecent  language,  or  by  indecent  be- 
havior, shall  be  punished  by  imprisonment  for  not  more  than 
thirty  days  or  by  a  fine  of  not  more  than  fifty  dollars. 

Section  88.  If  a  street  railway  company,  its  agent  or  ser- 
vant,   wilfully   or   negligently    obstructs    a    street,    highway   or 


OPERATION.  151 

bridge,  or  hinders  the  passing  of  carriages  over  the  same,  or  1864, 229,  §  23. 
wilfully   detains  the  cars  of  another  company   which   has   the  p.'s.'ii3,'§  3s! 
lawful  right  to  pass  thereon,  such  company  shall  be  punished     "    -1 
by  a  fine  of  not  more  than  five  hundred  dollars;  and  any  such 
agent  or  servant  shall  be  punished  by  a  fine  of  not  more  than 
ten  dollars  or  by  imprisonment  for  not  more  than  three  months. 

Section  89.     If  a  street  railway  company,  its  agents  or  ser-  Sales  by  chii- 
vant,  allows  a  child  under  the  age  of  ten  years  to  enter  upon  or  cur"  upor 
into  any  of  its  cars  for  the  purpose  of  selling  newspapers  or  other  r8l!  iif,'§  50. 
articles  therein  or  offering  them  for  sale,  it  shall   forfeit  fifty 
dollars  for  each  offence,  which  shall  be  recovered  by  any  person 
by  an  action  brought  within  three  months  after  the  offence  has 
been  committed. 

Section  90.     A  street  railway  company  shall  equip  its  cars,  Fenders, 
when  in  use,  with  such  fenders,  wheel  guards,  brakes  and  emer-  brake/and  ' 
gency  tools  as  may  be  required  by  the  board  of  railroad  commis-  t^tsBency 
sioners,  and  said  board  may  modify  its  requirements.*  i89i'366' 

1895,  378,  §  1.  R.  L.  112,  §  52.  1903,  134. 

Section  91.  The  board  of  railroad  commissioners  shall  re-  Heating  of 
quire  every  street  railway  company  to  heat  its  cars,  when  in  use  lios,  136. 
for  the  transportation  of  passengers,  at  such  times  by  such  means,     '  ' 

and  to  such  extent,  as  said  board  shall  determine,  and  the  com- 
pany shall  forfeit  twenty-five  dollars  for  each  trip  run  by  any 
of  its  cars  not  so  heated,  unless  in  case  of  accident  to  the  heating 
process  or  apparatus,  or  other  unavoidable  accident.  The  district 
police  shall  cause  the  provisions  of  this  section  to  be  enforced. f 

Section  92.     Every  street  car  in  use  for  the  transportation  Enclosed  piat- 
of   passengers   in   December,    January,    February   and    March,  1897,452. 
which,  while  in  motion,  requires  the  constant  care  or  service  of 

*  The  regulations  for  the  equipment  of  street  railway  cars  with  fenders  and  wheel 
guards  established  by  the  Board  under  the  provisions  of  1895, 378  [now  §  U0,  Part  III,  Chap. 
463,  of  Acts  of  1906]  :  — 

1.  All  cars  run  by  a  street  railway  company  on  a  highway,  town  way  or  travelled  place 
(excepting  cars  run  by  horse  power,  cars  run  only  as  trailing  cars,  and,  until  the  further 
order  of  the  Board,  cars  run  wholly  within  the  limits  of  towns  whose  population  is  less 
than  7,500  each)  shall  he  equipped  with  fenders  and  wheel  guards  in  accordance  with  one 
of  the  two  following  methods:  Either  (1)  with  a  fender  at  the  front  of  tin- car  (going  in 
either  direction),  and  also  with  wheel  guards  underneath  the  car;  or  (2)  with  a  fender  at 
the  front  of  the  car  of  such  design  as  to  serve  also  as  a  wheel  guard. 

In  the  first  case  (1)  the  fender  shall  consist  of  a  platform,  netting,  or  other  similar  device, 
constructed  and  arranged  so  as  with  reasonable  certainty  to  pick  up  a  person  who  Is  run 
iutci  while  standing,  but  to  pass  over  a  person  who  is  lying  on  the  ground,  without  probable 
injury  to  the  person  in  either  contingency;  and  the  wheel  guards  shall  be  of  such  con- 
struction and  arrangement  or  method  of  operation  as  to  prevent,  so  far  as  practicable,  a 
person  who  has  fallen  or  been  thrown  down  from  being  run  over  by  the  wheels, 

I  n  the  second C&ae  (-)  the  tender  shall  be  Of  such  construction,  arrangement  and  method  of 
operation  as  not  only  to  pick  up  as  aforesaid  a  person  who  is  run  into  while  standing,  but 
also  to  prevent  SO  far  as  practicable  a  person  who  has  fallen  or  been  thrown  down  from 
getting  under  the  car  and  being  run  over  by  the  wheels.  This  form  of  fender  shall  accord- 
ingly include  a  device  by  which,  in  case  Of  emergency,  it  can  be  lowered  b\  the  liiiilorinan, 
and  when  lowered  held  down  close  to  the  ground. 

'.'.  These  regulations  shall  take  effect  on  the  fourteenth  day  of  November,  1895;  and  may 
be  modified  from  time  to  time,  in  general  or  in  particular,  as  experience  and  the  public 
safety  1 1 1 .■  i \  seem  to  tho  Board  t<>  require. 

t  The  requirements  of  the  Board  in  res] t  to  the  beating  of  cars  by  street  railway  com- 
panies, made  under  the  provisions  Of  section  '.il,  par)  three,  chapter  463,  Acts  of  1906,  read 
as  follows  : 

1.  All  box  cars  used  bystreet  railway  companies  for  the  transportation  of  passengera 
between  the  fifteenth  day  of  <  letober  and  the  fifteenth  day  of  April  in  each  year  shall  be 
equipped   With   suitable  apparatus    for    heating    bj    electricity,  unless  other  than  electric 

heaters  are  specially  authorized  by  the  Board. 

2.  Every  street  railway  companj  shall,  during  the  period  above  named,  whenever  the 
outside  temperature  is  less  than  forty  degrees  above  zero  (Fahrenheit)  maintain,  iii  all  box 
ears  in  use  for  transporting  passengers,  an  inside  temperature,  as  nearly  as  may  be,  of  no 

less  than  forty  nor  more  than  Bixty  degrees  above  zero,  except  at  times  when  the  com 

pany  is  temporarily  prevented  from  so  doing  by  storm,  accident  or  cither  controlling 
emergency  for  which  it  is  not  responsible  and  which  is  not  due  to  any  negligence  upon  its 
part. 


152 


FARES    AM)    ACCOMMODATIONS. 


1900,  414. 
5§  1.3. 

n  l.  in-, 

§§  56.  5S. 


Decisions  of 
board  of  rail- 
mail  commis- 
sioners. 
1897,  452. 
1900.  414. 
R.  L.  112,  §  57, 


Penalty. 
L897,  452,  §  3. 
1900.  414, 
|§  4,  5. 
R.  L.  112,  §  59. 


Day's  work  of 
employees. 

1893,  386. 

1894,  508.  §  9. 
R.  L.  106,  §  22. 


an  employee  upon  its  platforms  or  upon  one  of  them,  shall, 
except  as  provided  in  the  following  section,  have  said  platforms 
or  platform  enclosed  in  such  manner  as  to  protect  the  motormen, 
conductors  or  other  employees  who  operate  such  ear  from  ex- 
posure to  wind  and  weather  in  such  manner  as  the  board  of 
railroad  commissioners  shall  approve. 

Section  !>-'>.  All  decisions  heretofore  rendered  by  the  board 
of  railroad  commissioners  under  the  provisions  of  chapter  four 
hundred  and  fifty-two  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-seven  and  of  chapter  four  hundred  and  fourteen  of 
the  acts  of  the  year  nineteen  hundred  shall  have  the  same  force 
and  effect  as  they  had  on  and  after  the  first  day  of  December 
in  the  year  nineteen  hundred  and  two,  but  they  shall  be  subject 
to  revision  by  said  board. 

Section  94.  A  street  railway  company  which  fails  or  neg- 
lects to  comply  with  the  provisions  of  either  of  the  two  preceding 
sections  shall  be  punished  by  a  fine  of  not  more  than  one  hundred 
dollars  for  each  day  during  which  such  neglect  continues. 

Section  95.  A  day's  work  for  all  conductors  and  motormen 
who  are  employed  by  or  on  behalf  of  a  street  railway  company 
shall  not  exceed  ten  hours,  and  shall  be  so  arranged  by  the  em- 
ployer that  it  may  be  performed  within  twelve  consecutive  hours. 
No  officer  or  agent -of  any  such  company  shall  require  from  said 
employees  more  than  ten  hours'  work  for  a  day's  labor ;  but  on 
legal  holidays,  on  days  when  the  company  is  required  to  provide 
for  extraordinary  travel,  and,  in  case  of  accident  or  unavoidable 
delay,  extra  labor  may  be  performed  for  extra  compensation. 


Reasonable 
accommoda- 
tions, etc. 
1S64,  229,  §  26. 
1865,  261. 
1871,  381,  §  33. 
P.  S.  113.  §  43. 
R.  L.  112,  §  69. 


Additional 
accommoda- 
tions. 
1891,  216. 
R.  L.  112,  §  70. 


Special  service 
cars,  etc. 

189S,  57S.  j  is. 
R.  L.  11-'.  §  71. 


FARES  AND  ACCOMMODATIONS. 

Section  96.  Every  street  railway  company  shall  furnish 
reasonable  accommodations  for  the  conveyance  of  passengers,  and 
for  every  wilful  neglect  to  provide  such  accommodations  shall 
forfeit  not  less  than  five  nor  more  than  twenty  dollars ;  and  may 
establish  the  rates  of  fare  for  all  passengers  and  property  con- 
veyed or  transported  in  its  cars,  subject,  however,  to  the  limita- 
tions named  in  its  charter  or  hereinafter  set  forth. 

Section  97.  If,  in  the  opinion  of  the  board  of  railroad  com- 
missioners, additional  accommodations  for  the  travelling  public 
are  required  upon  any  street  railway,  it  may,  after  due  notice 
to  the  company  and  a  hearing,  make  an  order  requiring  such 
additional  accommodations  as  it  determines  are  just,  and  may 
alter,  renew  or  revoke  the  order.  A  street  railway  company 
which,  for  more  than  one  week  after  receiving  notice  in  writing 
of  such  order,  neglects  to  comply  therewith,  shall  forfeit  to  the 
use  of  the  city  or  town  for  which  such  additional  accommoda- 
tions are  ordered,  or  if  they  are  ordered  for  more  than  one  city 
or  town,  to  the  use  equally  of  such  cities  or  towns,  one  hundred 
dollars  for  each  day  thereafter  during  which  such  neglect  con- 
tinues. 

Section  98.  A  street  railway  company  may  provide  cars 
for  special  service,  and  may  make  special  rates  therefor;  and 


153a 


Transporta- 
tion of  pupils. 


1906,  463, 
part  III.  §  99, 
ard  1906,  479, 
repealed. 


[See  page  153,  §  90,  and  1906,  479.] 
1908. 
Chapter  530. 
An  Act  relative  to  the  Transportation,  by  Street  and  Elevated  Railway  Com- 
panies, of  Pupils  of  the  Public  Day  and  Public  Evening  Schools  and  Private 
Schools. 

Section  1.  The  rates  of  fare  charged  by  street  or  elevated  railway 
companies  for  the  transportation  of  pupils  of  the  public  day  schools  or 
public  evening  schools  or  private  schools  between  a  given  point,  from  or 
to  which  it  is  necessary  for  them  to  ride  in  travelling  to  or  from  the 
schoolhouses  in  which  they  attend  school  and  their  homes,  whether  such 
schoolhouses  are  located  in  the  city  or  town  in  which  the  pupils  reside 
or  in  another  city  or  town,  shall  not  exceed  one  half  the  regular  fare 
charged  by  such  street  or  elevated  railway  company  for  the  transporta- 
tion of  other  passengers  between  said  points,  and  tickets  for  the  trans- 
portation of  pupils  as  aforesaid,  good  during  the  days  or  evenings  on 
which  said  schools  are  in  session,  shall  be  sold  by  said  companies  in 
lots  of  ten  each.  A  railway  company  which  violates  the  provisions  of 
this  section  shall  forfeit  twenty-five  dollars  for  each  offence. 

Section  2.  Section  ninety-nine  of  Part  III  of  chapter  four  hundred 
and  sixty-three,  and  chapter  four  hundred  and  seventy-nine,  of  the  acts 
of  the  year  nineteen  hundred  and  six  are  hereby  repealed. 

Section  3.  This  act  shall  take  effect  upon  its  passage.  [Approved 
May  19,  1908. 


FARES    AND    ACCOMMODATIONS.  153 

may  make  special  rates  for  working  men  and  working  women 
on  week  days  between  the  hours  of  five  and  seven  in  the  morning 
and  five  and  seven  in  the  evening,  and  for  children  attending 
school.  Such  company  shall  not  give  free  tickets  or  passes  to  Passes, 
any  state,  county  or  municipal  official,  or  to  any  person  in  the 
employ  of  the  commonwealth  or  of  any  county,  city  or  town, 
except  policemen,  firemen  and  letter  carriers,  in  uniform ;  but 
it  may  give  them  to  a  director  of  the  company  or  to  any  person 
who  is  connected  with  it  in  any  executive  capacity.  A  company 
which  violates  any  of  the  provisions  of  this  section  shall  forfeit 
for  each  offence  not  less  than  one  hundred  dollars  nor  more  than 
five  hundred  dollars. 

Section  00.     The  rates  of  fare  charged  by  a  street  railway  Special  rates 
company  for  the  transportation  of  pupils  of  the  public  [or  pri-  public  schools. 
vote]    schools  between   a   given   point,   from   or  to  which   it   is  r9(l!  112.' §  72 
necessary  for  them  to  ride  in  travelling  to  or  from  the  school-  [Amendedbv6 
houses  in  which  they  attend  school  and   their  homes,  whether  sl'^J^) 
such  schoolhouses  are  located  in  the  city  or  town  in  which  the 
pupils  reside  or  in  another  city  or  town,  shall  not  exceed  one 
half  the  regular  fare  charged  by  such  street  railway  company 
for  the  transportation  of  other  passengers  between  said  points, 
and  tickets  for  the  transportation  of  pupils  as  aforesaid,  good 
during  the  days  when  said  schools  are  in  session,  shall  be  sold 
by  said  company  in  lots  of  ten  each.     A  railway  company  which 
violates  the  provisions  of  this  section  shall  forfeit  twenty-five 
dollars  for  each  offence. 

Acts  of  1006,  Chapter  479. 

An  Act  relative  to  the  Transportation  of  Pupils  of  Private  Schools  by  Street  and 
Elevated  Railway  Companies. 

Section  seventy-two  of  chapter  one  hundred  and  twelve  of  the  Re-   R-  L.  112,  §  78 
vised  Laws  is  herein-  amended  by  inserting  (he  words  "or  private",  al    ,,'/',','"•- ]„','.' 
the  end  of  the  second  line,  so  as  to  read  as  follows:  —  Section  '  2.     The   Special 
rates  of  fare  charged  by  street  or  elevated  railway  companies  for  the  [private11"13 
transportation  of  pupils  of  the  public  or  private  schools  between   a  schools. 
given   point,   from  or  to  which  it  is  necessary   for  them   to   ride   in 
travelling  to  or  from  the   school   houses  in   which   they  attend   school 
and  their  homes,  whether  such  school  houses  are  located  in  the  city  or 
town  in  which  the  pupils  reside  or  in  another  city  or  town,  shall   not 
exceed  one  halt  the  regular  fare  charged  by  such  street    or  elevated 
railway  company  for  the  transportation  of  other  passengers  he!  ween 
said   points,  and  tickets  for  the  transportation  of  pupils  as  aforesaid. 
good  during  the  days  when  said  schools  are  in   session,  shall   he  sold  by 
said  companies  in  lots  of  ten  each.      A    railway  company  which   violates 
the  provisions  of  this  section    shall    forfeit    twenty-live  dollars  for  each 
offence.     [Approved  June  14,  1.906. 

Acts  of  1000,  Chapter  107,  §  4. 
Section  4.     This  act  shall  take  effect  upon  its  passage,  but  for  the   Bo  ton  Ele- 
term    of    twenty-live    years    from    the    tenth    day    of   dune   in    the    year   <£mpa?£UWay 
eighteen   hundred  and   ninety-seven   if   shall   not   apply  to  the  Boston  exemption. 
Elevated   Railway  Company  or  to  any  railways  now  owned,  leased  or 
operated  by  it. 


154 


INCREASE    OF    CAPITAL    STOCK    AND    ISSUE    OF    BONDS. 


Regulation  of 

fares. 

L864,  -'L'O,  §  26. 

L871,  381,  *  34. 

P.  S.  113,  §  44. 


Withdrawal  of 
free  check*  and 
free  transfers. 
1894,  3S3. 
R.  L.  112,  §  74. 


Penalty  for 
misuse  of 
transfer 
tickets. 
1904,  267. 


Section  100.  All  provisions  of  law  relative  to  changes  and 
regulation  of  fares  upon  railroads  shall  apply  to  changes  and  reg- 
ulation of  fares  upon  street  railways.  1898, 578,  §  23. 

1901,180.  R.  L.  112,  §73.  185  Mass.  183.  [See  part  I  §§  8,  10.] 

Section  101.  A  street  railway  company  shall  not  withdraw 
or  discontinue  the  use  of  any  free  checks  or  free  transfers  from 
one  car  or  line  of  cars  to  another  without  the  approval  of  the 
hoard  of  railroad  commissioners ;  but  it  may  regulate  the  use 
thereof  to  conform  to  rates  of  fare  established  under  authority 
of  section  ninety-six. 

Section  102.  Every  street  railway  company  shall  cause  to 
be  printed  on  the  transfer  tickets  issued  by  it  to  passengers  the 
conditions  under  which  such  tickets  may  be  used.  Whoever 
uses  a  transfer  ticket  in  violation  of  any  such  condition,  or  who- 
ever uses  or  attempts  to  use  a  transfer  ticket  not  issued  to  him, 
or  whoever  for  value  disposes  of  or  attempts  to  dispose  of  a 
transfer  ticket  issued  to  him  to  any  other  person,  or  whoever 
for  value  delivers  or  attempts  to  deliver  a  transfer  ticket  not 
issued  to  him  to  any  person,  shall  be  punished  by  a  fine  not  ex- 
ceeding fifty  dollars  or  by  imprisonment  for  a  term  not  exceeding 
thirtv  days. 


Increase  of 
capital  stock 
and  issue  of 
bonds  for  cer- 
tain purposes. 
It.  L.  112, 
§§  20,  21,  23, 
76. 
1902,  370. 


[For§§  48-66 
of  I 'art  If,  see 
pp.  47-49.] 


INCREASE   OF   CAPITAL   STOCK   AND  ISSUE   OF   BONDS. 

Section  103.  A  street  railway  company,  for  the  purpose  of 
building  an  extension,  or  of  acquiring  land  for  pleasure  resorts, 
or  of  acquiring  or  building  power  houses  or  ear  houses  or  park 
buildings,  or  of  acquiring  or  equipping  additional  rolling  stock, 
or  of  changing  its  motive  power,  or  of  furnishing  electricity  to  a 
town  for  light,  or  of  abolishing  grade  crossings,  or  of  paying 
betterment  assessments  for  widening  or  otherwise  altering  streets, 
or  of  complying  with  any  requirements  lawfully  imposed,  or  of 
making  permanent  investments  or  improvements,  or  of  acquiring 
any  additional  real  or  personal  property  necessary  or  convenient 
for  its  corporate  objects,  or  of  refunding  its  funded  debt,  or  for 
the  payment  of  money  borrowed  or  indebtedness  incurred  for 
any  of  the  foregoing  purposes,  or  for  other  similarly  necessary 
and  lawful  purposes,  may,  in  accordance  with  the  provisions 
of  sections  one  hundred  and  seven,  one  hundred  and  eight,  one 
hundred  and  eleven  and  one  hundred  and  twelve  of  Part  III, 
and  of  sections  forty-eight  to  fifty-six,  inclusive,  of  Part  II,  in- 
crease its  capital  stock  or  issue  bonds,  secured  by  mortgage  or 
otherwise,  to  such  an  amount,  beyond  the  amounts  fixed  and 
limited  by  its  agreement  of  association  or  its  charter,  or  by  any 
special  law,  as  the  board  of  railroad  commissioners  shall  deter- 
mine will  realize  the  amount  which  has  been  properly  expended 
or  will  be  properly  required,  and  as  said  board  shall  approve  for 
such  of  the  purposes  aforesaid  as  are  set  out  in  its  petition  to 
said  board. 


15±b 


[See  page  154,  §  103.] 

1909. 

Chapter  485. 

An  Act  to  authorize  Street  Railway  Companies  to  issue  Securities  for  supplying 

Working  Capital. 

Section  1.  In  addition  to  the  purposes  for  which  a  street  railway  Securities 
company  may  increase  its  capital  stock  or  issue  bonds,  as  provided  in  capital' 
section  one  hundred  and  three  of  Part  III  of  chapter  four  hundred  and 
sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six,  a  street 
railway  company  for  the  purpose  of  supplying  itself  with  working  cap- 
ital may,  in  accordance  with  the  provisions  of  sections  one  hundred  and 
seven,  one  hundred  and  eight,  one  hundred  and  ten,  one  hundred  and 
eleven  and  one  hundred  and  twelve  of  Part  III  of  said  chapter,  or  of 
chapter  six  hundred  and  thirty-six  of  the  acts  of  the  year  nineteen 
hundred  and  eight,  as  amended  by  chapter  three  hundred  and  sixty- 
nine  of  the  acts  of  the  year  nineteen  hundred  and  nine,  in  the  case  of 
companies  to  which  said  last  mentioned  chapter  is  applicable,  and  of 
sections  forty-eight  to  fifty-six,  inclusive,  of  Part  II  of  said  chapter 
four  hundred  and  sixty-three,  increase  its  capital  stock  to  an  amount 
not  exceeding  five  per  cent  of  the  par  value  of  its  capital  stock  then 
outstanding,  or  may  issue  bonds,  secured  by  mortgage  or  otherwise,  to 
an  amount,  beyond  the  amounts  fixed  and  limited  by  its  agreement  of 
association,  or  by  the  provisions  of  any  general  or  special  law,  and  not 
more  than  the  board  of  railroad  commissioners  shall  determine  will 
be  properly  required  for  such  purpose,  and  as  said  board  shall  approve 
as  being  consistent  with  the  intei'est  of  the  public  and  of  the  stock- 
holders of  such  company  and  as  not  unreasonably  reducing  the  security 
of  any  bond  previously  issued. 

Section  2.     This  act  shall  take  effect  upon  iis  passage.     [Ajjproved 
June  11,  1909. 


REDUCTION    OF    CAPITAL    STOCK,   ETC.  155 


REDUCTION    OF    CAPITAL    STOCK. 

Section  104.  Upon  the  petition  of  a  street  railway  company  Reduction  of 
for  authority  to  reduce  its  capital  stock,  presented  in  accordance  is90,a326°c 
with  a  vote  of  the  stockholders  at  a  meeting  called  for  the  pur- 
pose, the  hoard  of  railroad  commissioners  may,  after  a  hearing 
and  such  examination  of  the  financial  condition  of  the  company 
as  it  considers  necessary,  authorize  such  reduction  to  he  made, 
if  it  appears  to  he  consistent  with  the  public  interests  and  with 
the  limitations  imposed  by  general  or  special  laws.  A  certificate 
of  the  amount  of  the  reduction  and  of  any  terms  and  conditions 
imposed  shall  he  forthwith  filed  by  said  board  in  the  office  of  the 
secretary  of  the  commonwealth.  When  such  reduction  is  made, 
no  money  or  other  property  shall  be  paid  or  transferred  to  the 
stockholders  unless  specially  authorized  by  said  board,  and  by  a 
vote  of  the  directors  of  the  company  taken  by  yeas  and  nays  at  a 
meeting  called  for  the  purpose.  The  directors  who  vote  therefor 
shall  be  jointly  and  severally  liable  for  the  debts  or  contracts  of 
the  company  which  exist  at  the  time  when  the  capital  stock  is 
reduced,  to  the  extent  of  the  money  or  property  paid  or  trans- 
ferred to  the  stockholders. 

STOCK  AND  SCRIP  DIVIDENDS. 

Section  105.    A  street  railway  company  shall  not  declare  any  stock  and  scrip 
stock  or  scrip  dividend  or  divide  the  proceeds  of  the  sale  of  stock  i868,3io,'§  i. 

■  is~ l    389 

or  scrip  among  its  stockholders.  1874, 372,  §  177. 

P.  S.  105,  §  18;   112,  §  61.  1894,  350,  §  1.  R.  L.  109,  §  20. 

Section  10(3.     A  certificate  of  stock  or  scrip  issued  in  viola-  Liability  of 
tion  of  the  provisions  of  the  preceding  section  shall  be  void  ;  and  1868,316,  §  2. 
each  director  of  the  company  issuing  it  shall  be  liable  to  a  penalty  m.^ei! § 
of  one  thousand  dollars,  to  be  recovered  by  indictment   in  the  r.°l:  io§;  |  ii. 
county  in  which  he  resides,  or,  if  he  resides  in  no  county  in  this 
commonwealth,  in  the  county  in  which  he  is  commorant,  or  the 
offence  was  committed;  but  if  any  such  director  proves  that, 
before  such  issue,  he  filed  his  dissent  in  writing  thereto  with  the 
clerk,  or  was  absent,  and  at  no  time  voted  therefor,  he  shall  not 
be  so  liable. 

ISSUE    OF    CAPITAL    STOCK,    BONDS,    COUPON    NOTES    AND    OTHER 
EVIDENCES  OF  INDEBTEDNESS. 

Section  107.    A  street  railway  company  shall  issue  only  such  issueof 
amounts  of  stock  and  bonds,  coupon  notes  mid  other  evidences  of  bonds, 
indebtedness  payable  at  periods  of  more  than    twelve  months  andotberevi 
after  the  date  thereof,  as  the  board  of  railroad  commissioners  li! 
may  from  time  to  time  determine  to  be  reasonably  necessary  for  p87g.' no," §  7. 
the  purpose  for  which  such  issue  of  stock  or  bonds  has  been  au    jj! 
thorized.     Said  board  shall  render  a  decision  upon  an  applica    :]J,r.  ..._  n 
tion  for  such  issue  within  thirty  days  after  the   final   hearing  R.  l!  109,' 1 24. 
thereon.     Such  decision  shall  be  in  writing,  shall  assign  the  rea    659.]' 
sons  therefor,  shall,  if  authorizing  such  issue,  specify  the  respec- 


15(5 


ISSUE    OF    CAPITAL    STOCK,   BONDS,   COUPON    NOTES,   ETC. 


Limit  of 
issue  of  bonds, 
COUpon  notes 
and  other  evi- 
dences of  in- 
debtedness. 
1889,  316,  §  2. 
1897,337,  §  2. 
R.  L.  109,  §  25. 


Enforcement. 

1894,  450,  §  3; 

452,  §  3;  462, 

§3. 

1896,  473. 

R.  L.  109,  §  27. 


Penalties. 
1894,  450.  §  2; 
452,  §  2;  462, 
|  -'. 
R.  L.  109,  §  28. 


tive  amounts  of  stock  or  bonds,  or  of  coupon  notes  or  other  evi- 
dences iif  indebtedness  as  aforesaid,  which  are  authorized  to  be 
issued  for  the  respective  purposes  to  which  the  proceeds  thereof 
are  to  be  applied,  and  shall,  within  seven  days  after  it  has  been 
rendered,  be  filed  in  the  office  of  said  board.  A  certificate  of 
the  decision  of  said  board  shall,  within  three  days  after  such 
decision  has  been  rendered  and  before  the  stock  or  bonds  or 
coupon  notes  or  other  evidences  of  indebtedness  as  aforesaid  are 
issued,  be  tiled  in  the  office  of  the  secretary  of  the  commonwealth, 
and  a  duplicate  thereof  delivered  to  the  company.  Such  com- 
pany shall  not  apply  the  proceeds  of  such  stock  or  bonds  or 
coupon  notes  or  other  evidences  of  indebtedness  as  aforesaid  to 
any  purpose  not  specified  in  such  certificate. 

Section  108.  A  street  railway  company,  unless  expressly 
authorized  by  its  charter  or  by  special  law7,  shall  not  issue  bonds, 
coupon  notes  or  other  evidences  of  indebtedness  payable  at 
periods  of  more  than  twelve  months  after  the  date  thereof  to  an 
amount  which,  including  the  amount  of  all  such  securities  pre- 
viously issued  and  outstanding,  exceeds  in  the  whole  the  amount 
of  its  capital  stock  at  the  time  actually  paid  in ;  but  this  limita- 
tion shall  not  apply  to  the  issue  of  bonds  for  the  purpose  of 
paying  and  refunding  at  maturity  bonds  lawfully  issued  prior 
to  the  second  day  of  June  in  the  year  eighteen  hundred  and 
ninety-seven;  nor  shall  it  apply  to  such  of  the  bonds  issued  or 
to  be  issued  under  a  mortgage  as  are  deposited  to  retire  at  or 
before  maturity  bonds  or  other  evidences  of  indebtedness  pre- 
viously issued  and  outstanding  at  the  date  of  such  mortgage,  and 
as  do  not  exceed  the  par  value  of  the  funded  or  other  debt  so  to 
be  retired ;  and  such  company  shall  not  issue  the  securities  speci- 
fied in  this  section  unless  authorized  by  a  vote  of  its  stockholders 
at  a  meeting  called  for  the  purpose. 

Section  109.  The  supreme  judicial  court  or  the  superior 
court  shall  have  jurisdiction  in  equity,  upon  the  application  of 
the  board  of  railroad  commissioners,  of  the  attorney-general,  of 
any  stockholder  or  of  any  interested  party,  to  enforce  the  pro- 
visions of  the  two  preceding  sections  and  all  lawful  orders  and 
decisions,  conditions  or  requirements  of  said  board  made  in  pur- 
suance thereof. 

Section  110.  A  director,  treasurer  or  other  officer  or  agent 
of  a  street  railway  company  who  knowingly  votes  to  authorize 
the  issue  of,  or  knowingly  signs,  certifies  or  issues,  stock  or  bonds 
contrary  to  the  provisions  of  the  three  preceding  sections,  or 
who  knowingly  votes  to  authorize  the  application,  or  know- 
ingly applies  the  proceeds,  of  such  stock  or  bonds  contrary 
to  the  provisions  of  said  sections,  or  who  knowingly  votes  to 
assume  or  incur,  or  knowingly  assumes  or  incurs  in  the  name 
or  behalf  of  such  company,  any  debt  or  liability  except  for  the 
legitimate  purposes  of  the  company  shall  be  punished  by  a  fine 
of  not  more  than  one  thousand  dollars,  or  by  imprisonment 
for  not  more  than  one  year,  or  by  both  such  fine  and  imprison- 
ment. 


RAILROAD   CROSSINGS.  157 

Section  111.     If  a  company  which  owns  or  operates  a  street  New  shares  to 
railway  increases  its  capital  stock,  such  new  shares  as  are  neces-  stockhoii 
sary  to  produce  the  amount  of  increased  capital  stock  which  has  oTcaphaP84 
been  authorized  shall,  except  as  provided  in  the  following  sec-  1870/179. 
tion,  be  offered  proportionately  to  its  stockholders  at  such  price  Isr^llulVi!' 
not  less  than  the  market  value  thereof  at  the  time  of  increase,  as  f^  84  .  , 
may   be  determined   by  the  board  of  railroad  commissioners,  J,87^',9,?!^1^ 

1  '•  .  <,  '     r.  a.  Wo.  J  6V, 

taking  into  account  previous  sales  01  stock  of  the  company  and  112,  §68;  113, 
other  pertinent  conditions,  which  determination  shall  be  in  writ-  1893.315,  §  1. 
ing  and  with  the  date  thereof  shall  be  certified  to  and  recorded  r.  l!  109,'  §  36. 
in  the  books  of  the  company.  The  directors,  upon  the  approval 
of  such  increase  as  provided  in  section  one  hundred  and  seven, 
and  the  determination  of  the  market  value  Nas  hereinbefore  pro- 
vided, shall  cause  written  notice  of  such  increase  to  be  given  to 
each  stockholder  of  record  upon  the  books  of  the  company  at  the 
close  of  business  on  the  date  of  such  determination  by  said  board, 
stating  the  amount  of  such  increase,  the  number  of  shares  or 
fractions  of  shares  to  which  he,  according  to  the  proportionate 
number  of  his  shares  at  the  date  of  such  determination,  is  en- 
titled, the  price  at  which  he  is  entitled  to  take  them,  and  fixing  a 
time,  not  less  than  fifteen  days  after  the  date  of  such  determina- 
tion by  said  board,  within  which  he  may  subscribe  for  such 
additional  stock.  Each  stockholder  may,  within  the  time  limited, 
subscribe  for  his  portion  of  such  stock,  which  shall  be  paid  for 
in  cash  before  the  issue  of  a  certificate  therefor. 

Section  112.     If  the  increase  in  the  capital  stock  which  is  stock  sold  at 
subject  to  the  provisions  of  the  preceding  section  does  not  exceed  i87o,'Tr<>. 
four  per  cent  of  the  existing  capital  stock  of  the  company,  the  1873*  iofi^if * 
directors,  without  first  offering  the  same  to  the  stockholders,  may  1374 3372  «46 
sell  them  by  auction  to  the  highest  bidder  at  not  less  than  the  ||78, S4,  §  2. 
par  value  thereof  to  be  actually  paid  in  cash.     Thev  may  also  p.  s.'ioe,  §  40; 
so  sell  at  public  auction  any  shares,  which,  after  the  expiration  §  ie. 
of  the  time  limited  in  the  notice  required  by  the  preceding  sec-  i894|472, 
tion,  remain  unsubscribed  for  by  the  stockholders  entitled  to  take  f£  L.i'09,  §  31. 
them.    Such  shares  shall  be  offered  for  sale  in  the  city  of  Boston, 
or  in  such  other  city  or  town  as  may  be  prescribed  by  the  board 
of  railroad  commissioners;  and  notice  of  the  time  and  place  of 
such  sale  shall  be  published  at  least  five  times  during  the  ten 
days  immediately  preceding  the  sale  in  each  of  at  least  three 
of  such  daily  newspapers  as  may  be  prescribed  by  said  board. 
Xn  shares  shall   be  sold  or  issued  under  this  or  the  preceding 
section  for  a  less  amount  to  be  actually  paid  in  cash  than  the 
par  value  thereof. 

RAILROAD    CROSSINGS. 

Section  113.     For  the  purpose  of  avoiding  or  abolishing  a  Aboiitiono* 
crossing  of  a  railroad  by  the  tracks  of  a  street  railway  company 
at  grade,  the  company  may  purchase  or  otherwise  take   hind   r. l!  112,' § 65. 
necessary  therefor,  not  exceeding  fifty  feet  in  width,  outside  the 
limits  of  a  public  way;  but   no  land  shall  be  so  taken  which 
cannot  lawfully  be  taken   for  the  Laying  out  of  a  railroad,  nor 


158  LIENS    FOR    LABOR    AM)    MATERIALS. 

shall  it  be  so  taken  until  a  plan  on  an  appropriate  scale,  showing 
by  metes  and  bounds  the  land,  and  the  names  of  the  owners 
thereof,  has,  after  notice  to  such  owners,  and  after  such  public 
notice  and  hearing  as  is  required  by  section  seven,  been  approved 
in  writing  by  the  board  of  aldermen  of  the  city  or  the  selectmen 
of  the  town  in  which  such  land  is  situated;  nor  shall  the  land 
of  a  railroad  corporation  or  of  another  street  railway  company 
be  so  taken  without  its  consent,  except  with  the  approval  of  the 
board  of  railroad  commissioners,  after  notice  and  a  hearing. 
'>nm',imon  Section  114.     A  deed  or  description  and  a  plan  of  the  land 

k 'l'  112  I  66   so  purchased  or  taken  shall  be  filed  in  the  registry  of  deeds  for 
the  county  or  district  in  which  the  land  is  situated;   and  the 
provisions  of  law  relative  to  the  assessment,  payment  or  recovery 
of  damages  for  land  and  other  property  taken  for  railroad  pur- 
poses shall  apply  to  land  and  property  taken  under  the  provisions 
of  the  preceding  section. 
,Vf7ni™fom-         Section  115.    A  street  railway  company,  which  has  acquired 
wavsPubJic         land  f°r  such  purpose,  may  construct  its  railway  over  or  under 
J89S,  404,  §  3.    a  railroad,  in  the  manner  agreed  upon  by  the  companies,  or,  if 
they  do  not  agree,  in  the  manner  prescribed  by  the  board  of  rail- 
road commissioners ;  but  no  overhead   structure  shall  be  built 
at  a  height  of  less  than  eighteen  feet  above  the  railroad  track 
without  the  consent  in  writing  of  said  board. 
fvitiirriimits  Section  116.     The  board  of  aldermen  of  a  city  or  the  select- 

or stetehlgh^    rncn  °^  a  t°wn  ^n  case  °f  a  public  way,  and  the  Massachusetts 
TviV  404  5  4     highway  commission,  in  case  of  a  state  highway,  may  authorize 
r.  l.' ii2,' §  68.  structures   or  alterations  within,   or   partly   within,   the   limits 
thereof,  which  are  necessary  for  carrying  a  street  railway  over 
or  under  a  railroad,  if  such  way  is  not  thereby  made  unsafe  for 
other  public  travel. 

LIENS    FOR    LABOR    AND    MATERIALS. 

Mdmiteriate!*       Section  117.     A  person  to  whom  a  debt  is  due  for  labor 
1904,373.  performed  or  for  materials  furnished  and  actually  used  in  con- 

structing a  street  railway  under  a  contract  with  a  person,  other 
than  the  street  railway  company,  who  has  authority  from  or  is 
rightfully  acting  for  such  company  in  furnishing  such  labor  or 
materials  shall  have  a  right  of  action  against  such  company  to 
recover  such  debt  with  costs,  except  as  provided  in  the  four 
following  sections. 
fo^P373""  Section  118.     A  person  who  has  contracted  to  construct  the 

whole  or  a  specified  part  of  such  street  railway  shall  not  have 
such  right  of  action. 
daiSfsfor  Section  ll!».     A  person  shall  not  have  such  right  of  action 

Igo^oya  for  labor  performed,  unless,  within  thirty  days  after  ceasing  to 

perform  it,  he  files  in  the  office  of  the  clerk  of  a  city  or  town  in 
which  any  of  said  labor  was  performed  a  written  statement, 
under  oath,  of  the  amount  of  the  debt  so  due  to  him  and  of  the 
name  of  the  person  or  persons  for  whom  and  by  whose  employ- 
ment the  labor  was  performed.  Such  right  of  action  shall  not 
be  lost  by  a  mistake  in  stating  the  amount  due ;  but  the  claimant 


CHANGE  OF  NAME.   TAXATION.  159 

shall  not  recover  as  damages  a  larger  amount  than  is  specified 
in  said  statement  as  due  him,  with  interest  thereon. 

Section  120.     A  person  shall  not  have  such  right  of  action  Filing  of 
for   materials   furnished,    unless,    before   beginning   to    furnish  materials 
Lhem,  he  tiles  in  the  office  of  the  clerk  of  the  city  or  town  in  1904-3'3- 
which  any  of  the  materials  were  furnished,  in  the  manner  pro- 
vided for  filing  the  statement  mentioned  in  the  preceding  section, 
a  written  notice  of  his  intention  to  claim  such  right. 

Section  121.  Such  action  shall  not  be  maintained  unless  it  statute  of 
is  begun  within  sixty  days  after  the  plaintiff  ceased  to  perform  1904,373. 
such  labor  or  to  furnish  such  materials. 


CHANGE    OF    NAME. 

Section  122.     Upon  the  application  of  any  street  railway  change  of 
company,  authorized  by  a  vote  of  two  thirds  of  the  stockholders  i89ie"360,  §§  1. 
present  and  voting  at  a  meeting  called  for  the  purpose,  the  board  fggo,  198,  201. 
of  railroad  commissioners  may,  after  public  notice  and  a  hear-  illg'474'19 
ing,  authorize  such  company  to  change  its  name.  i8|9-  1G4;  442- 

1901,422,  §9.  R.  L.  109,  §9. 

Section  123.     A  certified  copy  of  such  authorization  and  a  —certificate 

.  _  „     -  .     .  A  ^  .  ,  -  ,         of,  to  be  tiled 

certificate  of  the  vote  of  the  corporation,  signed  and  sworn  to  by  with  secretary 
the  president,  treasurer  and  a  majority  of  the  directors,  shall  be  monweaith. 
filed  in  the  office  of  the  secretary  of  the  commonwealth.     The  q. 
board  of  railroad  commissioners  shall  require  public  notice  to  R' L' 109,  §  10" 
be  given  of  the  change  so  authorized ;  and  upon  receipt  of  proof 
thereof  the  secretary  of  the  commonwealth  may  grant  a  certifi- 
cate of  the  name  which  the  company  shall  bear,  which,  subject 
to  the  restrictions  of  section  four,  shall  thereafter  be  its  legal 
name. 

Section  124.    A  street  railway  company  shall  have  the  same  Rights  ami 
rights,  powers  and  privileges,  and  be  subject  to  the  same  duties,  under  new 
obligations   and   liabilities,   under   its  new  name   as  before   its  is9i%r.o.  §  \. 
name  was  changed,  and  may  sue  and  be  sued  by  its  new  name;  RL109-  »n- 
but  any  action  brought  against  it  by  its  former  name  shall  not 
lie  defeated  on  that  account,  and,  on  motion  of  either  party,  the 
new  name  may  be  substituted  therefor. 

TAXATION. 

A.     Corporate  Franchise  Tax. 
Section  125.     Every  street  railway  company  organized  under  Annual 

•  J  '.'.,...  ..    return*  to  tax 

general  or  special  laws  of  the  commonwealth,  in  addition  lo  all  commissioner. 
returns  required  by  its  charier,  shall  annually,  between  the  first   u 
and  tenth  days  of  May,  return  to  the  tax  commissioner,  under   1S8o;  in'.l  2. 
the  oath  of  its  treasurer,  the  amount  of  the  capital  stock  of  the  |vc,.';';s*  §i. 
company,   its  place  of  business  and  the  par  value  and  market   ifff;  413;  §  24. 
value  of  the  shares  made  up  as  of  said   first  day  of  May.      It   1898, 417;  578, 
shall  also  contain  a  statement  in  detail  of  the  works,  structures.  R.t.i4,§37 

i  1   •  t    1  •  i  1  l   •       I    12  Allen,  75. 

real  estate  and  machmerv  owned  bv  said  companv  and  siimed  98Mass  25 
1         1    1         x"  -.i  •      ^1  1,1  1       i-   a        1         ,  •  ,::"  Maas.561. 

to  local  taxation  within  the  commonwealth,  and  of   the  location   1-  m 
and  value  thereof.    A  street  railway  company,  whether  chartered   }57  Mass.' 70. 


160 


TAXATION. 


[1  Op.  A    G. 
27S.1 
187  M 


Valuation  of 

corporate  fran- 
chise, etc. 
Deductions. 
1864,  203,  §§5. 
6. 

1S65,  283,  §§  4, 
5. 

1880,  117.  $  2. 
P   S.  13,  §§  39. 
40. 

1585,  238,  §  1. 

1586,  270. 
1898,417. 

\l.  L.  11,  §  38. 

13  Allen,  391. 

88  Mas.  19, 

25. 

100  Mass.  184, 

399 

125  Mass.  568.. 

137  Mass.  80. 

139  Mass.  561. 

144  Mass.  598. 

146  Mass.  40S. 

152  Mass.  372. 

157  Mass.  70. 

167  Mass.  522. 

163  U.S.  1. 


Company's 
appeal  from 
local  valua- 
tion. 

1865,  283,  §  6. 
P.  3    L3.  §  41. 
1890.  127,  §  7. 
1898,417. 
R.  L.  14,  §  39. 


Tax  to  be  paid 
on  corporate 
franchise. 
Elate,  hi  >\v  de- 
termined. 

1864,  20S,  5  5. 

1865,  283,  §  5. 
1880,  117,  §  2. 
P.  S.  13.  §  40. 

1885.  238,  §  1. 

1886,  270. 
1888,  413,  §  24. 
1898,417. 

R.  L.  14,  §  40. 
12  Allen,  75, 
298 

98  Mass.  19,  25. 

99  Mass.  146, 
151. 

105  Mass.  527. 
135  Mass.  569. 
137  Mass.  80. 
139  Mass.  561. 
1  16  Mass.  408. 
l."7  Mass.  70. 
167  Mass.  522. 
6  Wallace,  632. 
178  U.  S.  120. 


or  organized  in  this  commonwealth  or  elsewhere,  shall  also  state 
in  its  return  the  whole  length  of  its  line,  and  so  much  of  the 
length  of  its  line  as  is  without  the  commonwealth;  also  the 
length  of  track  operated  by  il  in  each  city  and  town  on  the  thir- 
I  ieth  dav  of  September  preceding  the  return,  to  be  determined  by 
measuring  as  single  track  the  total  length  of  all  tracks  operated 
by  it  including  sidings  and  turn-outs  whether  owned  or  leased 
by  il  or  over  which  it  has  trackage  rights  only;  and  the  amount 
of  dividends  paid  on  its  capital  stock  during  the  year  ending 
en  Mich  preceding  thirtieth  day  of  September  and  during  each 
year  from  the  organization  of  the  company. 

Section  126.  The  tax  commissioner  shall  ascertain  from 
the  returns  or  otherwise  the  true  market  value  of  the  shares  of 
each  street  railway  company,  and  shall  estimate  therefrom  the 
fair  cash  value  of  all  of  said  shares  constituting  its  capital  stock 
on  the  preceding  first  day  of  May,  which,  unless  by  the  charter 
of  the  company  a  different  method  of  ascertaining  such  value  is 
provided,  shall,  for  the  purposes  of  this  act,  be  taken  as  the  true 
value  of  its  corporate  franchise.  From  such  value  there  shall  be 
deducted,  in  case  of  a  street  railway  company  whether  chartered 
or  organized  in  this  commonwealth  or  elsewhere,  so  much  of  the 
value  of  its  capital  stock  as  is  proportional  to  the  length  of  that 
part  of  its  line,  if  any,  lying  without  the  commonwealth;  and 
also  the  value  of  its  real  estate  and  machinery  subject  to  local 
taxation  within  the  commonwealth. 

For  the  purposes  of  this  section,  the  tax  commissioner  may 
take  the  value  at  which  such  real  estate  and  machinery  is  assessed 
at  the  place  where  it  is  located  as  the  true  value,  but  such  local 
assessment  shall  not  be  conclusive  of  the  true  value  thereof. 

Section  127.  The  tax  commissioner  may  require  the  com- 
pany to  prosecute  an  appeal  from  the  valuation  of  its  real  estate 
or  machinery  by  the  assessors  of  a  city  or  town,  either  to  the 
county  commissioners  or  to  the  superior  court,  whose  decision 
shall  be  conclusive  upon  the  question  of  value.  Upon  such  appeal 
the  tax  commissioner  may  be  heard,  and  in  the  superior  court 
costs  may  be  awarded  as  justice  requires. 

Section  128.  Every  street  railway  company  subject  to  the 
provisions  of  section  one  hundred  and  twenty-five  shall  annually 
pay  a  tax  upon  its  corporate  franchise,  after  making  the  deduc- 
tions provided  for  in  section  one  hundred  and  twenty-six,  at  a 
rate  determined  by  an  apportionment  of  the  whole  amount  of 
money  to  be  raised  by  taxation  upon  property  in  the  common- 
wealth during  the  same  year  as  returned  by  the  assessors  of  the 
several  cities  and  towns  under  the  provisions  of  section  ninety- 
three  of  chapter  twelve  of  the  Revised  Laws  upon  the  aggregate 
valuation  of  all  cities  and  towns  for  the  preceding  year  as  re- 
turned under  sections  sixty  and  sixty-one  of  said  chapter;  but  if 
the  return  from  any  city  or  town  is  not  received  prior  to  the 
twentieth  day  of  August,  the  amount  raised  by  taxation  in  said 
city  or  town  for  the  preceding  year,  as  certified  to  the  secretary 
of  the  commonwealth,  may  be  adopted  for  the  purpose  of  this 


1G06 


1909. 

Chapter  439. 

An  Act  relative  to  the  Taxation  of  Poles  for  Wires. 

Sectiox  1.  Section  twenty-three  of  chapter  twelve  of  the  Revised  R.  l.  12,  §  23, 
Laws,  as  amended  by  section  one  of  chapter  three  hundred  and  forty-  f1*  amended!' 
two  of  the  acts  of  the  year  nineteen  hundred  and  two,  is  hereby  further 
amended  by  inserting'  after  the  word  "  streets  ",  in  the  second  line  of 
the  tenth  paragraph,  the  words:  —  and  poles,  underground  conduits 
and  pipes,  together  with  the  wires  thereon  or  therein,  laid  in  or  erected 
upon  private  property,  or  in  a  railroad  location,  —  by  inserting  after 
the  word  "  companies  ",  in  the  third  line,  the  words :  —  the  value  of 
whose  poles,  underground  conduits  and  pipes,  together  with  the  wires 
thereon  or  therein,  for  the  purpose  of  taxation,  shall,  like  their  rails 
and  rights  of  way,  be  included  in,  and  not  deducted  from,  the  value 
of  their  corporate  franchises  ascertained  as  provided  by  section  one 
hundred  and  twenty-six  of  Part  III  of  chapter  four  hundred  and  sixty- 
three  of  the  acts  of  the  year  nineteen  hundred  and  six,  and  excepting 
also  such  poles,  underground  conduits,  wires  and  pipes  of  a  railroad 
corporation  laid  in  the  location  of  said  railroad,  —  and  by  adding  at 
the  end  of  said  paragraph,  the  words :  —  or  erected,  —  so  that  said 
paragraph  will  read  as  follows:  —  Tenth.  Underground  conduits,  Taxation 
wires  and  pipes  laid  in  public  streets,  and  poles,  underground  conduits  ^ires!63  f°r 
and  pipes,  together  with  the  wires  thereon  or  therein,  laid  in  or  erected 
upon  private  property,  or  in  a  railroad  location,  by  any  corporation, 
except  street  railway  companies,  the  value  of  whose  poles,  underground 
conduits  and  pipes,  together  with  the  wires  thereon  or  therein,  for  the 
purpose  of  taxation,  shall,  like  their  rails  and  rights  of  way,  be  included 
in,  and  not  deducted  from,  the  value  of  their  corporate  franchises  ascer- 
tained as  provided  by  section  one  hundred  and  twenty-six  of  Part  III 
of  chapter  four  hundred  and  sixty-three  of  the  acts  of  the  year  nine- 
teen hundred  and  six,  and  excepting  also  such  poles,  underground  con- 
duits, wires  and  pipes  of  a  railroad  corporation  laid  in  the  location  of 
said  railroad,  shall  be  assessed  to  the  owners  thereof  in  the  cities  or 
towns  in  which  they  are  laid  or  erected. 

Section  2.     Section  thirty-eight  of  chapter  fourteen  of  the  Revised   R-  1    '  '•  §  38, 
Laws,  as  amended  by  section  three  of  chapter  three  hundred  and  forty- 
two  of  the  acts  of  the  year  nineteen  hundred  and  two,  is  hereby  further 
amended  by  inserting  before  the  word  "underground",  in  the  seven- 
teenth, thirtieth,  thirty-eighth  and  forty-third  lines,  the  word:  —  poles, 

—  by  striking  out  the  word  "is",  in  the  forty-third  line,  and  inserting 
in  place  thereof  the  word:  —  are,  —  and  by  striking  out  the  words  "it 
is'',  in  the  forty-fourth  line,  and  inserting  in  place  thereof  the  words: 

—  they  are,  —  so  as  to  read  as  follows:  —  Section  SS.     The  tax   com-  Valuation  of 
missioner  shall  ascertain   from  the  returns  or  otherwise  the  true  market  frandiifre  etc 
value  of  the  shares  of  each  corporation   subject    to  I  he   requirements  of  Deduction* 
the  preceding  section,   and  shall   estimate  therefrom   the   fair  cash   value 

of  all  of  said  shares  constituting  its  capital  slock  on  the  preceding  firs! 
day  of  May,  which,  unless  by  the  charter  of  a  corporation  a  different 
method  of  ascertaining  such  value  is  provided,  shall,  for  the  purposes 
of  this  chapter,  be  taken  as  the  true  value  of  its  corporate  franchise. 
From  such  value  there  shall  be  deducted:  — 

First.  In  case  of  ,-i  railroad  or  telegraph  company  or  of  a  street  rail- 
way company  whether  chartered  or  organized  in  this  commonwealth  or 
elsewhere,  so  much  of  the  value  of  its  capital  stock  as  is  proportional 


160c 


R.  L.  14,  §  39, 
amended. 


Corporation 
to  appeal  from 
local  valuation, 
when. 


R.  L.  14,  §  42, 
amended. 


Remedy  of 
corporation 
when  assessor's 
valuation  of 
real  estate 
exceeds  tax 
commis- 
sioner's. 


to  the  length  of  that  part  of  its  line,  if  any,  lying  -without  the  common- 
wealth;  and  also  the  value  of  its  real  estate,  machinery  and  poles,  under- 
ground conduits,  wires  and  pipes,  subject  to  local  taxation  within  the 
commonwealth. 

Second.  In  case  of  such  a  domestic  telephone  company,  the  amount 
and  market  value  of  all  stock  in  other  corporations  held  by  it  upon 
which  a  tax  lias  been  paid  in  this  or  other  states  for  the  twelve  months 
last  preceding  the  date  of  the  return;  and  in  case  of  such  a  foreign  tele- 
phone company,  so  much  of  the  value  of  its  capital  stock  as  is  propor- 
tional to  the  number  of  telephones  used  or  controlled  by  it  or  under 
any  letters  patent  owned  or  controlled  by  it  without  the  commonwealth. 
In  case  of  a  telephone  company,  whether  chartered  or  organized  in  this 
commonwealth  or  elsewhere,  the  value  of  its  real  estate,  machinery  and 
poles,  underground  conduits,  wires  and  pipes,  subject  to  local  taxation 
within  the  commonwealth. 

Third.  In  case  of  corporations  subject  to  the  requirements  of  the 
preceding  section  other  than  railroad,  telegraph,  telephone  or  street 
railway  companies,  whether  chartered  or  organized  in  this  common- 
wealth or  elsewhere,  the  value  as  found  by  the  tax  commissioner  of 
their  real  estate,  machinery  and  poles,  underground  conduits,  wires  and 
pipes,  subject  to  local  taxation  wherever  situated. 

For  the  purposes  of  this  section,  the  tax  commissioner  may  take  the 
value  at  which  such  real  estate,  machinery  and  poles,  underground  con- 
duits, wires  and  pipes  are  assessed  at  the  place  where  they  are  located 
as  the  true  value,  but  such  local  assessment  shall  not  be  conclusive  of 
the  true  value  thereof. 

Section  3.  Section  thirty-nine  of  said  chapter  fourteen,  as  amended 
by  section  four  of  said  chapter  three  hundred  and  forty-two,  is  hereby 
further  amended  bjr  inserting  before  the  word  "  underground  ",  in  the 
third  line,  the  word  :  —  poles,  —  so  as  to  read  as  follows :  — •  Section  39. 
The  tax  commissioner  may  require  a  corporation  to  pi'osecute  an  appeal 
from  the  valuation  of  its  real  estate,  machinery  or  poles,  underground 
conduits,  wires  and  pipes  by  the  assessors  of  a  city  or  town,  either  to 
the  county  commissioners  or  to  the  superior  court,  whose  decision  shall 
be  conclusive  upon  the  question  of  value.  Upon  such  appeal  the  tax 
commissioner  may  be  heard,  and  in  the  superior  court  costs  may  be 
awarded  as  justice  requires. 

Section  4.  Section  forty-two  of  said  chapter  fourteen,  as  amended 
by  section  five  of  said  chapter  three  hundred  and  forty-two,  is  hereby 
further  amended  by  inserting  before  the  word  "underground",  in  the 
second  line,  the  word:  —  poles,  —  so  as  to  read  as  follows:  —  Section 
42.  If  the  value  of  the  real  estate,  machinery  and  poles,  underground 
conduits,  wires  and  pipes  of  a  corporation  subject  to  local  taxation 
within  the  commonwealth,  as  determined  by  the  tax  commissioner,  is 
less  than  the  value  thereof  as  determined  by  the  assessors  of  the  place 
where  it  is  situated,  he  shall  give  notice  of  his  determination  to  such 
corporation ;  and,  unless  within  one  month  after  the  date  of  such  notice 
it  applies  to  said  assessors  for  an  abatement  and,  upon  their  refusal  to 
grant  an  abatement,  prosecutes  an  appeal  under  the  provisions  of  sec- 
tion seventy-seven  of  chapter  twelve,  giving  notice  thereof  to  the  tax 
commissioner,  the  valuation  of  said  commissioner  shall  be  conclusive 
upon   said   corporation. 

Section  5.  This  act  shall  take  effect  upon  its  passage.  [Approved 
May  24,  1909. 


ADDITIONAL    CORPORATE    FRANCHISE    TAX,   ETC.  161 

determination.     The  amount  of  tax  assessed  upon  polls  for  the  [For  r.  l.  is. 
preceding  year,  as  certified  to  said  secretary,  may  be  taken  as  the  io6.\set 
amount  of  poll  tax  to  be  deducted  from  the  whole  amount  to  be 
raised  by  taxation,  in  ascertaining  the  amount  to  be  raised  upon 
property. 

Section  129.    If  the  value  of  the  real  estate  and  machinery  Remedy  of 
of  a  street  railway  company  subject  to  local  taxation  within  the  when'assess- 
commonwealth,  as  determined  by  the  tax  commissioner,  is  less  oFVeai  estate1 
than  the  value  thereof  as  determined  by  the  assessors  of  the  place  commfs-ta:v 
where  it  is  situated,  he  shall  give  notice  of  his  determination  to  iggl^ss  §  6 
such  company;  and,  unless  within  one  month  after  the  date  of  fg9|"  ^v5  41' 
such  notice  it  applies  to  said  assessors  for  an  abatement,  and,  &■  L„! ,14-  •  '-' 

.      .  -     l  \  .  '    137  Mass.  81. 

upon  their  refusal  to  grant  an  abatement,  prosecutes  an  appeal  146  Mass.  403. 

1   ,  ,  .    .  *>  .  '    1  j.     ,  1X,         152Mass.384. 

under  the  provisions  oi  section  seventy-seven  oi  chapter  twelve  i67  Mass.  522. 
of  the  Revised  Laws,  giving  notice  thereof  to  the  tax  commis-  \  rrt  see  page's 
sioner,  the  valuation  of  said  commissioner  shall  be  conclusive  106- 106~* 
upon  said  company. 

B.    Additional  Corporate  Franchise  Tax. 

Section  130.     If  an  operating  street  railway  company,  in-  ^j.^"™1 
eluding  a  company  whose  lines  are  located  partly  within  and  f^11'^^:- 
partly  without  the  limits  of  the  commonwealth,  whether  char-  §  3.  ' 
tered  or  organized  under  the  laws  of  this  commonwealth  or  else- 
where, has  paid  during  the  year  ending  on  the  thirtieth  day  of 
September  preceding  the  date  of  the  return  required  by  section 
one  hundred  and  twenty-five  dividends  exceeding  in  the  aggre- 
gate eight  per  cent  upon  its  capital  stock,  it  shall  for  every  such 
year,  in  addition  to  the  tax  required  by  section  one  hundred  and 
twenty-eight,  pay  a  tax  equal  to  the  amount  of  such  excess  to  be 
determined  as  therein  provided  by  the  tax  commissioner;  but 
such  additional  tax  shall  not  be  imposed,  if,  from  the  date  when 
the  company  commenced  to  operate  its  railway,  it  has  not  paid 
dividends  equivalent  in  the  aggregate  to  at  least  six  per  cent  per 
annum  upon  its  capital  stock  from  year  to  year. 

C.     Exemption  and  Apportionment. 

Section  131.     jSTo  taxes  shall  be  assessed  in  a  city  or  town  ^mXl":'^" 
for  state,  county  or  town  purposes,  upon  the  shares  in  the  capital  Aaxati?[1, 
stock  of  a  street  railway  company  for  any  year  for  which  il  pays  "'.'j"  s 

to  the  treasurer  and  receiver  general  a  tax  on  its  corporate  fran-  ie. 
chise.     The  tax  collected  of  each  streel  railway  company  under  i866!29i!|2. 
the  provisions  of  sections  one  hundred  and  twenty-eighl  and  one  1887,22s! 
hundred  and  twenty-nine  shall  be  apportioned  among  the  several    [fff;  Vi'f; *.->:*! 
cities  and  towns  in  proportion  to  the  length  of  tracks  operated  by  {•>,„',■  ,'; 
such  company  in  said  cities  and  towns  respectively.     The  share  J'"',1' ,", '  ,,' 
of  the  tax  paid  by  a  street  railway  company  in  resped  of  its  ffjjMass  569. 

i  i  "  ii  i'i  i         <  *  1*  I       lov  A1&SS<  0DV1 

tracks  upon  locations  granted  by  the  board  01  metropolitan  park 
commissioners  or  by  the  Wachusetl  mountain  state  reservation 
commission  shall  be  apportioned  to  (lie  commonwealth  and  -ball 
be  credited  by  the  treasurer  and  receiver  general  to  the  sinking 


1(32 


COMMUTATION    TAX. 


Tax  commis- 
sioner d>  deter- 
mine amounts 

due  to  cities 

ami  towns. 

1865,  283,  §  15. 

P   S.  13,  §  58. 

L898, 1    - 

5. 

R.  L.  14,  §  62. 


fund  of  the  loan  to  which  the  expenditure  for  the  road,  boulevard, 
park  or  reservation  in  which  the  tracks  are  located  was  charged. 
Se<  i 'ion  L32.  The  tax  commissioner  shall,  subject  to  appeal 
to  the  board  of  appeal,  ascertain  and  determine  the  amount  due 
to  each  city  and  town  under  the  provisions  of  the  preceding  sec- 
tion, notify  the  treasurer  of  each  city  and  town  thereof  and 
certify  the  amount  as  finally  determined,  to  the  treasurer  and 
receiver  general,  who  shall  thereupon  pay  over  the  same. 


Annual 

returns  to 

assessors. 

1898,  417;  578, 

§  6. 

ft.  L.  14,  §  43. 


Excise  tax. 
1898,  417;  578, 
§  7. 
R.  L.  14,  §  44. 


D.     Commutation  Tax. 

Section  133.  A  street  railway  company,  including  a  com- 
]  any  whose  lines  are  located  partly  within  and  partly  without 
the  limits  of  the  commonwealth,  whether  chartered  or  organized 
under  the  laws  of  this  commonwealth  or  elsewhere,  shall  annu- 
ally, on  or  before  the  fifteenth  day  of  October,  make  and  file  in 
the  office  of  the  board  of  assessors  of  every  city  and  town  in 
which  any  part  of  the  railway  operated  by  it  is  situated  a  return 
signed  and  sworn  to  by  its  president  and  treasurer,  stating  the 
length  of  track  operated  by  it  in  public  ways  and  places  in  such 
city  or  town,  and  also  the  total  length  of  track  operated  by  it  in 
public  ways  and  places,  determined  as  provided  in  section  one 
hundred  and  twenty-five,  and  also  the  amount  of  its  gross  receipts 
during  the  year  ending  on  the  preceding  thirtieth  day  of  Sep- 
tember, including  therein  all  amounts  received  by  it  from  the 
operation  of  its  railway,  but  excluding  income  derived  from  sale 
of  power,  rental  of  tracks  or  other  sources. 

Section  134.  On  or  before  the  first  day  of  November  annu- 
ally, the  assessors  of  every  city  and  town  in  which  a  street  rail- 
way is  operated,  including  a  company  whose  lines  are  located 
partly  within  and  partly  without  the  limits  of  the  commonwealth, 
whether  chartered  or  organized  under  the  laws  of  this  common- 
wealth or  elsewhere,  shall  assess  on  each  company  described  in 
the  preceding  section  operating  a  railway  therein  an  excise  tax 
of  an  amount  equal  to  such  proportion  of  the  following  percent- 
ages of  the  gross  receipts  of  such  company  as  the  length  of  tracks 
operated  by  it  in  public  ways  and  places  of  such  city  or  town 
bears  to  the  total  length  of  tracks  operated  by  it  in  public  ways 
and  places. 

The  percentages  shall  be  based  upon  the  annual  gross  receipts 
for  each  mile  of  track  as  follows  and  computed  upon  the  aggre- 
gate of  said  annual  gross  receipts:  four  thousand  dollars  or  less, 
one  per  cent;  more  than  four  thousand  dollars  and  less  than 
seven  thousand,  two  per  cent;  more  than  seven  thousand  dollars 
and  less  than  fourteen  thousand,  two  and  one  quarter  per  cent; 
more  than  fourteen  thousand  dollars  and  less  than  twenty-one 
thousand,  two  and  one  half  per  cent;  more  than  twenty-one 
thousand  dollars  and  less  than  twenty-eight  thousand,  two  and 
three  quarters  per  cent;  twenty-eight  thousand  dollars  or  more, 
three  per  cent. 

The  excise  tax  provided  by  this  section  shall  be  in  addition 
to  the  taxes  otherwise  provided  by  law. 


APPLICATION    OF    TAXES.  163 

Section  135.  The  aldermen  of  a  city,  the  selectmen  of  a  Revision  of 
town  or  a  street  railway  company  operating  in  such  city  or  town  ills, 578,  §8. 
may  petition  the  board  of  railroad  commissioners  for  a  revision  R-L.u,§45. 
of  the  amount  of  the  excise  tax  to  be  paid  by  a  company  under 
the  provisions  of  the  preceding  section.  Said  board  shall,  upon 
such  petition,  after  public  notice  and  a  hearing  at  which  said 
aldermen  or  selectmen  and  said  company  may  submit  evidence, 
determine  the  average  annual  cost  to  said  city  or  town  of  the 
work  done  by  it  during  the  preceding  three  years  under  the  pro- 
visions of  this  act  which  it  was  not  by  law  required  to  do  prior 
to  the  first  day  of  October  in  the  year  eighteen  hundred  and 
ninety-eight,  and  also  the  average  annual  payments  made  by 
said  company  to  said  city  or  town  under  and  pursuanl  to  the 
provisions  of  the  preceding  section  during  said  three  years;  and 
having  determined  said  average  annual  cost  and  average  annual 
payments,  said  board  shall  fix  and  determine  the  proportion  of 
a  percentage  of  the  gross  receipts  which  shall  be  paid  as  an 
excise  tax  under  the  provisions  of  said  section  by  the  company 
to  said  city  or  town  annually  thereafter,  said  percentage  to  be 
fixed  at  such  a  rate  as  will  be  necessary  to  yield  to  said  city  or 
town  annually  thereafter  an  amount  equal  to  the  average  annual 
cost  to  said  city  or  town  determined  as  aforesaid;  and  the  per- 
centage so  fixed  shall  not  be  again  changed  for  the  period  of 
three  years  and  only  in  the  maimer  herein  provided.  Said  board 
may  at  any  time  upon  petition  therefor  by  a  city  or  town  entitled 
to  a  part  of  the  excise  tax  paid  by  a  street  railway  company,  after 
such  notice  as  the  board  may  order  to  all  other  cities  and  towns 
entitled  to  share  in  the  excise  tax  paid  by  said  company,  and 
after  a  hearing,  determine  as  to  the  distribution  thereof  among 
the  several  cities  and  towns  in  which  such  company  operated  any 
part  of  its  railway,  and  fix  the  proportions  thereof  to  which  they 
shall  respectively  be  entitled,  which  shall  thereafter  he  the  pro- 
portions of  said  excise  tax  to  be  assessed  upon  said  company, 
instead  of  the  proportion  based  upon  length  of  tracks  as  herein- 
before provided. 

Section   13(1.     Prior  to  the  fifteenth   day  of  November  in  Notice  to  tax 
each  year,  the  assessors  of  every  city  and  town  shall  notify  the  amountof 
collector  of  taxes  thereof  of  the  amount  of  excise  tax  assessed  1898,  578,' §  9. 
therein  under  the  provisions  of  section  one  hundred  and  thirty-  R-L-14-8 
four,  and  the  collector  shall  forthwith  notify   the  treasurer  of 
every  street  railway  company  of  the  amount   of  excise  tux  so 
assessed  upon  it,  which  shall  become  due  and   payable  within 
thirty  days  after  the  receipt  of  such  notice.     The  provisions  of 
chapter  thirteen  of  the  Revised  Laws,  so  far  as  appropriate,  shall 
apply  to  the  collection  of  such  excise  tux. 

E.     A  j)/>lic(i/i<i)i  of  Taxes. 
Section  137.     All   tuxes  which  are  collected    from  a   street   ,Vl  . 
railway  company  and  paid  to  u  city  or  town  under  the  provisions  ^£: ilf §547?" 
of  the  preceding  section,  of  section  one  hundred  and  thirty-two, 
and  of  section  twenty-eight  of  chapter  live  hundred  and  seventy- 


1(34  APPLICATION    OF    TAXES. 

eight  of  the  acts  of  the  year  eighteen  hundred  and  ninety-eight 
shall  be  applied  toward  the  repair  and  maintenance  [of  the  por- 
tions of  the  public  ways  and  places  in  which  the  tracks  of  such 
company  are  located,  and  to  the  removal  of  snow  from  such 
public  ways  and  places  within  such  city  or  town.]  of  the  public 
ways  and  the  removal  of  snow  therefrom  within  such  city  or 

town. 

Acts  of  1907,  Chapter  318. 

An  Act  relative  to  the  Removal  of  Snow  by  Street  Railway  Companies  and  to  the 
Amplication  of  Taxes  received  from  Such  Companies. 

1006, 463,  Section   1.     Section  one  hundred  and  thirty-seven  of  Part  III  of 

Application  of    chapter  tour  hundred  and  sixty-three  of  the  acts  of  the  year  nineteen 
taxes-  hundred  and  six  is  hereby  amended  by  striking-  out  all  after  the  word 

"  maintenance  ",  in  the  seventh  line,  and  inserting'  in  place  thereof  the 
words :  —  of  the  public  ways  and  removal  of  snow  therefrom  within  such 
city  or  town,  —  sO  as  to  read  as  follows :  —  Section  137.  All  taxes  which 
are  collected  from  a  street  railway  company  and  paid  to  a  city  or  town 
under  the  provisions  of  the  preceding  section,  of  section  one  hundred 
and  thirty-two,  and  of  section  twenty-eight  of  chapter  five  hundred  and 
seventy-eight  of  the  acts  of  the  year  eighteen  hundred  and  ninety-eight, 
shall  be  applied  toward  the  repair  and  maintenance  of  the  public  ways 
and  the  removal  of  snow  therefrom  within  such  city  or  town. 

Section  2.     This  act  shall  take  effect  upon  its  passage.     [Approved 
April  22,  1907. 

Acts  of  1898,  Chapter  578,  §  28. 

1898,578,  Section  28.     This  act  shall  take  effect  on  the  first  day  of  October 

effect,  etc!  v  in  the  year  eighteen  hundred  and  ninety-eight,  except  as  to  sections  six 
and  seven,  and,  as  to  those  sections  this  act  shall  take  effect  on  the 
first  day  of  October  in  the  year  eighteen  hundred  and  ninety-nine,  but 
for  the  tei*m  of  twenty-five  years  from  the  tenth  day  of  June  in  the 
year  eighteen  hundred  and  ninety-seven  this  act  shall  not  apply  to  or 
affect  the  Boston  Elevated  Railway  Company  or  any  railways  now 
owned,  leased,  or  operated  by  it,  or  the  opening,  widening  or  paving, 
or  the  altering  or  changing  of  any  grade,  of  any  street  or  highway  in 
which  it  operates  such  railway,  nor  shall  it  apply  to  snow  in  such  street 
or  highway,  and  the  acts  and  parts  of  acts  repealed  by  section  twenty- 
six  hereof  shall  continue  during  said  term  in  full  force  so  far  as  they 

Provisos.  relate  thereto :  provided,  however,  that  the  taxes  now  or  hereafter  im- 

posed by  general  law  consistently  with  the  provisions  of  section  ten  of 
chapter  five  hundred  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-seven  upon  the  Boston  Elevated  Railway  Company,  as  therein 
provided,  and  the  taxes  or  excises  in  fact  imposed  upon  the  West  End 
Street  Railway  Company  at  the  date  of  the  passage  of  said  act,  except 
taxes  locally  assessed  upon  the  real  estate  and  machinery  of  said  cor- 
porations consistently  with  said  section,  shall  be  paid  and  distributed  as 
the  compensation  tax  imposed  by  said  section  ten  upon  said  elevated 
railway  company  is  paid  and  distributed;  and  provided,  further,  that 
the  return  by  the  Boston  Elevated  Railway  Company  to  the  tax  commis- 

(Now  R.  L.  14,  sioner  under  the  provisions  of  section  thirtv-eisrht  of  chapter  thirteen 
of  the  Public  Statutes  shall  also  contain  a  statement  under  the  oath 
of  the  treasurer  of  said  company  giving  the  length  of  the  track  oper- 
ated by  it  in  each  city  or  town  in  the  commonwealth  on  the  thirtieth 
day  of  September  next  preceding  the  date  of  the  return,  which  length 
shall  be  determined  by  measuring  as  single  track  the  total  length  of  all 
track  operated  by  said  company,  including  sidings  and  turnouts,  and 


APPLICATION    OF    TAXES.  165 

specifying  the  length  of  such  (rack  in  each  city  and  town  which  is 
owned  by  it,  and  the  Length  of  such  track  operated  by  or  leased  to  it  in 
each  city  or  town  which  is  owned  by  any  other  company,  with  the  name 
of  the  company  and  the  length  of  track  in  each  city  or  town  owned  by 
every  such  company,  and  provided,  further,  that,  prior  to  the  first  day  of  Proviso. 
November  in  each  year,  the  tax  commissioner  shall  apportion  the  amount 
of  the  tax  for  which  the  Boston  Elevated  Railroad  Company  and  any 
other  street  railway  company  whose  railways  are  now  owned,  leased  or  (XowR.L.u.) 
operated  by  it,  are  liable  under  the  provisions  of  chapter  thirteen  of  tin- 
Public  Statutes,  among  the  several  cities  and  towns,  in  proportion  to 
the  length  of  tracks  owned  by  said  Boston  Elevated  Railway  Company 
and  by  each  of  said  other  street  railway  companies  in  said  cities  and 
towns  respectively,  subject  to  appeal  to  the  board  of  appeal  constituted 
by  sections  sixty-one  and  sixty-two  of  said  chapter  thirteen.  The  tax  (Now  R.  L.  14, 
commissioner  shall  notify  the  treasurers  of  every  such  city  and  town 
of  the  share  of  said  tax  so  apportioned  to  each  city  and  town,  and  he 
shall  also  certify  to  the  treasurer  of  the  commonwealth  the  shares  thus 
apportioned  as  finally  determined  in  case  of  appeal. 

Revised  Laws,  Chapter  14,  §  61. 

Section"  61.     No  taxes  shall  be  assessed  in  a  city  or  town  for  state.  Exemption 

county  or  town  purposes,  upon  the  shares  in  the  capital  stock  of  corpo-  Nation1*1 

rations,    companies    or    associations    taxable   under    the    provisions    of  Apportion- 

sections  thirty-five,  thirty-six,  forty,  forty-eight,  fifty-one.  fifty-two  and  iso4,'208,  §§  s, 

fifty-three  for  any  year  for  which  they  pay  to  the  treasurer  and  receiver  ig65_  283  >  15 

general   a  tax  on   their  corporate   franchises,  or,  in  the  case   of  safe  p^y^  i-f 

deposit,  loan  and  trust  companies,  for  any  year  for  which  they  pay  a  lssy,  228. 

tax    as   provided   in    section    thirty-five.      Such    proportion   of   the   tax  lsgs]  4i7';*57s\ 

collected  of  each  corporation,  company  or  association  under  the  provi-  f |0o  4^3  §5 

sions  of  sections  thirty-six,  fortv,  fifty-one  and  fifty-two,  except   street  1901*  413.' §4. 

.,  .  ',  ',  ,.  n  .,  1  j     135  Mass.  569. 

radway  companies,  as  corresponds  to  the  proportion  of  its  stock  owned  139  Mass.  559. 
by  persons  residing  in  this  commonwealth  shall  be  distributed,  credited 
and  paid  to  the  several  cities  and  towns  in  which,  from  the  returns  or 
other  evidence,  it  appears  that  such  persons  resided  on  the  preceding  first 
day  of  May,  according  to  the  number  of  shares  so  held  in  such  cities 
and  towns  respectively.  Such  proportion  of  the  tax  paid  by  safe 
deposit,  loan  and  trust  companies  under  the  provisions  of  section  thirty- 
five  as  corresponds  to  the  amount  of  property  held  by  it  in  trust  or  on 
deposit,  as  described  in  said  section,  for  beneficiaries  or  depositors  resi- 
dent in  this  commonwealth  shall  be  distributed,  credited  and  paid  to  the 
several  cities  and  towns  in  which,  from  the  returns  or  other  evidence, 
il  appears  that  such  beneficiaries  and  depositors  resided  on  the  first 
day  of  the  preceding  May,  according  to  the  aggregate  amount  so  held 
for  beneficiaries  and  depositors  residing  in  such  cities  and  towns  re- 
spectively. If  stock  is  held  by  co-partners,  guardians,  executors,  ad- 
ministrators or  trustees,  (he  proportion  of  tax  corresponding  to  the 
amount  of  stock  so  held  shall  be  credited  and  paid  to  the  cities  and 
f  >wns  where  the  stock  would  have  been  taxed  under  the  provisions  of 
' '.mses  four,  live,  six  and  seven  of  section  twenty-three  and  section 
i  wenty-seven  of  chapter  twelve.  If  a  city  or  town  owns  stock  in  any 
corporation  taxed  upon  its  corporate  franchise  under  the  provisions  of 
this  chapter  a  return  to  said  city  or  town  shall  he  made  as  if  il  were 
owned  by  persons  resident  therein.  The  tax  collected  of  each  streel 
railway  company  under  the  provisions  of  sections  forty  and  forty-one 
shall  be  apportioned  among  the  several  cities  and  towns  in  proportion 
to   the    length    of   tracks  operated    by    such   company    in    said    cities   and 


1(36  DISSOLUTION. 

towns  respectively.  The  share  of  the  tax  paid  by  a  street  railway 
company  in  respect  of  its  tracks  upon  local  inns  granted  hy  the  board 
of  metropolitan  park  commissioners  or  by  the  "Waclmsett  mountain 
slate  reservation  commission  shall  be  apportioned  to  the  commonwealth 
and  shall  be  credited  by  the  treasurer  and  receiver  general  to  the  sinking 
fund  of  the  loan  to  which  the  expenditure  for  the  road,  boulevard, 
[ark  or  reservation  in  which  the  tracks  are  located  was  charged. 

DISSOLUTION. 

SffsMU.  Section  138.  If  a  majority  in  interest  of  the  stockholders 
g  s  68 '«  35  °^  a  street  railway  company  desire  to  close  its  affairs,  they  may 
p.' S.  105, 5  40.  file  a  petition  therefor  in  the  supreme  judicial  court  or  the 
7  Gray,  119,  "'  superior  court,  setting  forth  in  substance  the  grounds  of  their 


9Gray,34.  application,  and  the  court,  after  notice  to  parties  interested  and 
99  Mass.* 267.'  a  hearing,  may  decree  a  dissolution  of  said  company.  A  com- 
ii9  Mass.  447.    panv  so  dissolved  shall  be  held  to  be  extinct  in  all  respects  as 

if  its  corporate  existence  had  expired  by  its  own  limitation. 
for^^years        Section  139.     Every  street  railway  company  whose  charter 
to  close  con-      expires  by  its  own  limitation  or  is  annulled  by  forfeiture  or 


cents. 


L81<?> 43,87  otherwise,  or  whose  corporate  existence  for  other  purposes  is 
G.'s."68,'§  36.  terminated  in  any  other  manner,  shall  nevertheless  he  continued 
n.  l.  109,  §  53!  as  a  body  corporate  for  three  years  after  the  time  when  it  would 
22  Pklf.' 180.'  have  been  so  dissolved,  for  the  purpose  of  prosecuting  and  de- 
i23PMass332.  fending  suits  by  or  against  it,  and  of  enabling  it  gradually  to 
i6i  Mass.  443.  sen\e  and  close  its  affairs,  to  dispose  of  and  convey  its  prop- 
erty, and  to  divide  its  capital  stock,  but  not  for  the  purpose  of 
continuing  the  business  for  which  it  was  established. 
fs^l'iTI.'  Section  140.     If  the  charter  of  a  street  railway  company 

r.  s.  44,  §§8,    expires  or  is  annulled,  or  if  the  company  is  dissolved  as  pro- 
J^s?.  55.  §  2-     vided  in  section  one  hundred  and  thirty-eight,  or  if  its  corpo- 

G.  S.  68,  §§  37,  .  .  .  .  .  ,     .  , 

38.  rate   existence  lor  other  imrposes   is  terminated   m   any  other 

P  S   105  ...  . 

§§42,43!  manner,  the  supreme  judicial  court  or  the  superior  court,  upon 

r.  l!  109,'  §  54.  application  of  a  creditor  or  stockholder,  shall  have  jurisdiction 
157  Mass.  81.      -n  eqU^v  ^0  appoint  one  or  more  receivers  to  take  charge  of  its 
estate  and  effects,  and  to  collect  the  debts  and  property  due  and 
belonging  to  it;  with  power  to  prosecute  and  defend  suits  in  its 
name  or  otherwise,  to  appoint  agents  under  them,  and  to  do  all 
other  acts  which  might  be  done  by  such  company,  if  in  being, 
which   may  be  necessary  for  the  final  settlement  of  its  unfin- 
ished business.     The  powers  of  such  receivers  may  be  continued 
as  long  as  the  court  finds  necessary  for  said  purposes, 
•md  distribute8       Sectiox  141.     The  receivers  shall  pay  all  debts  due  from  the 
is33lui45  company,   if  the  funds  in  their  hands  are  sufficient  therefor; 

R.s'44,  §10.    and  if  they  are  not,  they  shall  distribute  them  ratably  among 
G.S.'68,'§  39.    the  creditors  who  prove  their  debts  in  the  manner  directed  by 
r.l.  109,1  55!  any  decree  of  the  court  for  that  purpose.     If  there  is  a  balance 
1  Gray,  382.      remainmg  aftor  the  payment  of  the  debts,   the  receivers  shall 
distribute  and  pay  it  to  those  who  are  justly  entitled  thereto  as 
having  been  stockholders  of  the  company,  or  their  legal  repre- 
sentatives. 


SALE    BY    RECEIVERS.  1(57 

Section  142.     Tf  a  petition,  signed  and  sworn  to  by  a  ma-  Surrender  of 

certificate  of 

jority  in  interest  of  the  stockholders  of  a  street  railway  com-  incorporation. 

18Q8    50'' 

pany  organized  under  the  general  laws,  has,  with  the  certificate  r.'l  109,'  §  .56. 
of  incorporation,  been  filed  in  the  office  of  the  secretary  of  the 
commonwealth,  stating  that  such  stockholders  desire  to  sur- 
render the  certificate  of  incorporation  and  to  have  the  company 
dissolved  and  giving  their  reasons  therefor,  the  secretary,  if  he 
consider  snch  reasons  sufficient,  shall  require  the  petitioners  to 
publish  a  notice  in  one  or  more  newspapers  in  the  county  in 
which  the  principal  office  of  the  company  is  located,  that,  for 
reasons  which  appear  to  him  to  be  sufficient,  the  certificate  of 
incorporation  of  the  company  therein  named  is  annulled.  Upon 
the  filing  by  the  petitioner  with  the  secretary  of  a  copy  of  each 
newspaper  in  which  the  notice  of  dissolution  was  ordered  to  be 
published,  the  company  shall  be  dissolved,  subject  to  the  provi- 
sions of  the  three  preceding  sections. 

Section  143.     If  a  street  railway  company  is  dissolved,  the  Return?  to 
clerk  of  the  court  in  which  the  decree  for  dissolution  is  entered  the  common- 
shall  forthwith  make  return  thereof  to  the  secretary  of  the  com-  dissolution, 
monwealth,  giving  the  name  of  the  company  dissolved,  and  the  p88s/ 105 " «  45. 
date  upon  which  snch  decree  was  entered.  R- L- 109- »  57- 


SALE    BY    RECEIVERS. 

Section  144.     A  receiver  of  the  property  of  a  street  railway  Sale  of  railway 
company  may,  by  order  of  the  court,  sell  and  transfer  the  rail-  i90oT38i??§  1, 
Avay  and  property  of  snch  company,  its  locations  and  franchises,   r'.'l.  112.  §  12. 
on  such  terms  and  in  such  manner  as  the  court  may  order.     The  J:!i,  Ma88,  525, 
purchasers  from  snch  receiver,  and  a  company  organized  under 
the  provisions  of  the  following  section,  if  such  railway  has  been 
transferred   to  it,   shall  hold   and  possess  said   railway,   all  its 
rights  and  franchises  and  all  property  acquired  in  connection 
therewith,  with  the  same  rights  and  privileges  and  subject  to 
the   same  duties   and  liabilities   as  the  original   street   railway 
company;   but  no   action    shall    be  brought   against    such    pur- 
chasers or  snch  new  company,  to  enforce  any  liability  incurred 
by   said   original   company,    except    debts   and    liabilities   owing 
from  said  original  company  to  any  city  or  town  within   which 
the   railway  is  operated   and   taxes  and   assessments    for   which 
said   original  company  is  liable  under  the  statutes    relating  to 
street    railways,   which   shall   be  assumed   and   paid  by  said  new 
company.      The  provisions  of  this  section  shall   nnf    impair  the 
powers  of  the  holders  of  an   outstanding  mortgage   to  enforce 
their  rights  by  suit  or  otherwise. 

Section  145.     The  purchasers  at  such  sale  shall,  with  their   » ■"•■  ipntof 

,  ,  ,.  ,  p  f,  ....  ,  associal  ion  i  f 

associates,   to  the  number  ot  at   least    fifteen,  withm   sixty   days    newcompany. 
c,  ,  ,  •  £        n  e  t  '  1  r   '        1900,381,  §§  3, 

alter  such  sale,  organize  a  company   tor  the  purpose  o|   holding,  4,5. 

owning  and  operating  the  street   railway  purchased,  by   tiling  in  55  13,14.' 

the  office  of  the  secretary  of  the  commonwealth  a  written  agree  g|y  Ma 
ment  of  association,  which  shall  state: 


108  SAVINGS    BANKS. 

(a)  That  the  subscribers  thereto  associate  themselves  with  the 
intention  of  forming  a  street  railway  company. 

(/;)  The  corporate  name  assumed,  which  shall  bo  one  not  in 
use  by  any  other  street  railway  company  in  this  commonwealth, 
or,  in  the  judgment  of  the  hoard  of  railroad  commissioners,  so 
similar  thereto  as  to  he  likely  to  be  mistaken  for  it,  and  which 
shall  contain  the  words,  "street  railway  company",  at  the  end 
thereof. 

(c)  The  corporate  name  of  the  street  railway  company  whose 
property  and  franchises  have  been  purchased. 

(J)  The  termini  of  the  railway. 

(r)  The  length  of  the  railway,  as  nearly  as  may  be. 

(/)  The  name  of  each  city  and  town  in  which  the  railway  is 
located. 

(g)  The  name  of  the  court  by  which  the  sale  was  ordered, 
the  date  of  such  order,  and  the  date  of  the  sale. 

(h)  The  total  amount  of  the  capital  stock  of  the  company, 
which  shall  be  fixed  at  an  amount  approved  by  the  board  of 
railroad  commissioners,  but  which  shall  not  exceed  the  fair 
cost,  as  determined  by  said  board,  of  replacing  the  railway  and 
property  so  acquired,  less  the  amount  of  any  outstanding  mort- 
gages to  which  said  railway  and  property  may  be  subject  in  the 
hands  of  the  new  company. 

(i)  The  par  value  of  the  shares,  which  shall  be  one  hundred 
dollars. 

(j)  The  names  and  residences  of  at  least  five  persons,  who 
shall  be  subscribers  to  the  agreement  of  association,  to  act  as 
directors  until  others  are  chosen  and  qualified  in  their  stead. 

Each  associate  shall   snbscribe  to   the  agreement  of  associa- 
tion his  name,  residence,  post  office  address,  and  the  number  of 
shares  of  stock  which  he  agrees  to  take. 
?9W),nasait,1§§'3>       Section  14P>.     The  secretary  of  the  commonwealth  shall  re- 
r5l  in?  ceive  the  agreement  of  association,  and  preserve  the  same  in 

li^Ma14'  527  f°rm  convenient  for  reference  and  open  to  public  inspection, 
and  shall  issue  a  certificate  of  incorporation  in  the  form  which 
is  authorized  by  section  nine.  Thereupon,  the  company  shall 
organize  in  the  manner  provided  for  the  organization  of  a  street 
railway  company  under  general  laws.  Sneh  company  may  be- 
gin business  as  soon  as  it  is  organized,  and  shall  have  all  the 
rights  and  be  subject  to  all  the  duties  of  a  street  railway  com- 
pany, except  as  otherwise  provided  in  this  and  the  preceding 
section.  If  said  purchasers  fail  to  organize  a  company  as  here- 
inbefore provided,  all  rights  and  powers  to  operate  said  rail- 
way .-hall   thereupon  cease. 

SAVINGS    BANKS. 

m:lvvnin  Section    I  17.     Tn  addition  to  the  investments  authorized  by 

mihvaybon^L.   section   twenty-six  of  chapter  one  hundred  and  thirteen  of  the 

1902, 483,  §  i.   Revised   Laws,  savings  banks  and  institutions  for  savings  may 

invest   their  deposits  and   the  income  derived  therefrom  in  the 

bonds,  approved  by  the  bank  commissioner,  as  hereinafter  pro- 


169a 


[See  pages  168,  169,  §§  147,  etc.] 

1908. 

Chapter  590,  §  68,  clause  5. 

STREET  RAILWAY  BONDS. 

Savings  banks        Fifth.     Tn  the  bonds  of  any  street  railway  company  incorporated  in 

may  invest  m  .     '  '  . J  L  ' 

other  street         this  commonwealth,  the  railway  of  which  is  located  wholly  or  in  part 

nu  ua.     3U  s,    jjjgjgjjj^  an(]  -which  has  earned  and  paid  in  dividends  in  cash  an  amount 

equal  to  at  least  five  per  cent  upon  all  its  outstanding  capital  stock  in 

each  of  the  five  years  last  preceding  the  certification  by  the  board  of 

railroad  commissioners  hereinafter  provided  for.     No  such  investment 

shall  be  made  unless  said  company  appears  from  returns  made  by  it  to 

the  board  of  railroad  commissioners  to  have  properly  paid  said  dividends 

without  impairment  of  assets  or  capital  stock,  and  said  board  shall  on 

or  before  the  fifteenth  day  of  January  in  each  year  certify  and  transmit 

to  the  bank  commissioner  a  list  of  such  street  railway  companies. 

Dividends  paid  by  way  of  rental  to  stockholders  of  a  leased  street 
railway  company  shall  be  deemed  to  have  been  earned  and  paid  by  said 
company  within  the  meaning  of  this  clause,  provided  that  said  company 
shall  have  annually  earned,  and  properly  paid  in  dividends  in  cash,  with- 
out impairment  of  assets  or  capital  stock,  an  amount  equal  to  at  least 
five  per  cent  upon  all  its  outstanding  capital  stock  in  each  of  the  five 
fiscal  years  next  preceding  the  date  of  the  lease  thereof. 

If  two  or  more  street  railway  companies  have  been  consolidated  by 
purchase  or  otherwise  during  the  five  years  prior  to  said  certification,  the 
payment  severally  from  the  earnings  of  each  year  of  dividends  equiva- 
lent in  the  aggregate  to  a  dividend  of  five  per  cent  on  the  aggregate 
capital  stocks  of  the  several  companies  during  the  years  preceding  such 
consolidation  shall  be  sufficient  for  the  purpose  of  this  act. 

Eighth.  .  .  .  c.  A  bond  or  note  of  a  gas,  electric  light,  telephone  or 
street  railway  corporation  incorporated  or  doing  business  in  this  com- 
monwealth and  subject  to  the  control  and  supervision  thereof:  pro- 
vided, that  the  net  earnings  of  said  corporation,  after  payment  of  all 
operating  expenses,  taxes  and  interest,  as  reported  to,  and  according 
to  the  requirements  of,  the  proper  authorities  of  the  commonwealth, 
have  been  in  each  of  the  three  fiscal  years  next  preceding  the  making 
or  renewing  of  such  loan  equal  to  not  less  than  four  per  cent  on  all 
its  capital  stock  outstanding  in  each  of  said  years. 


BOOKS,  RETURNS  AND  REPORTS.  169 

vided  for,  of  any  street  railway  company  incorporated  in  this 
commonwealth,  the  railway  of  which  is  situated  wholly  or  partly 
therein,  and  which  has  earned  and  paid  annually  for  the  five 
years  last  preceding  the  certification  hereinafter  provided  for 
of  the  board  of  railroad  commissioners  dividends  of  not  less 
than  five  per  cent  per  annum  upon  all  of  its  outstanding  cap- 
ital stock.  In  any  case  where  two  or  more  companies  have 
been  consolidated  by  purchase  or  otherwise  during  the  five  years 
prior  to  the  certification  aforesaid  the  payment  severally  from 
the  earnings  of  each  year  of  dividends  equivalent  in  the  aggre- 
gate to  a  dividend  of  five  per  cent  upon  the  aggregate  capital 
stocks  of  the  several  companies  during  the  years  preceding  such 
consolidation  shall  be  sufficient  for  the  purpose  of  this  section. 
Dividends  paid  to  the  stockholders  of  the  West  End  Street  Rail- 
way Company  by  way  of  rental  shall  be  deemed  to  have  been 
earned  and  paid  by  said  West  End  Street  Railway  Company 
within  the  meaning  of  this  section. 

Section  148.     The  board  of  railroad  commissioners  shall  on  Railroad  com- 
or  before  the  fifteenth  day  of  January  of  each  year  transmit  ™a^ni7ii-'t\o 
to  the  bank  commissioner  a  list  of  all  street  railway  companies  ^onerC°nmus 
which  appear  from  the  returns  made  by  said  companies  to  have  1902- 483-  §  2. 
properly  paid,  without  impairment  of  assets  or  capital  stock, 
the  dividends  required  by  the  preceding  section. 

Section  149.     The  bank  commissioner  shall,  as  soon  as  may  Bank  commis- 
be  after  the  receipt  of  the  list  provided  for  in  the  preceding  p££eLts.pre 
section,  prepare  a  list  of  such  bonds  issued  by  any  street  rail-  1902,  483,  §  3- 
way  company  and  certified  by  the  board  of  railroad  commis- 
sioners, in  accordance  with  the  provisions  of  the  preceding  sec- 
tion, as  the  bank  commissioner  shall  deem  good  and  safe  securi- 
ties for  the  investments  of  savings  banks  and  institutions  for 
savings.     Snch  list  shall  at  all  times  be  kept  open  to  the  inspec- 
tion of  the  public. 

Section   150.      Savings   banks   and   institutions   for   savings  Savings  hanks 
may  invest  their  deposits  and  the  income  derived  therefrom  in  cenain'"'.!'.1"'11 
the  note  or  notes  of  any  citizen  of  this  commonwealth,  with  a  Mroi^teraL* 
pledge  as  collateral,  at  not  more  than  the  par  value  thereof,  of  1904 ,210, 
the  bends  of  a   street  railway  company  in   which   the  savings 
banks  of  the  commonwealth  are  authorized  by  law  to  invest. 

BOOKS,  RETURNS  AND  REPORTS. 

Section  151.     Every  street  railway  company  shall  keep  its  Books  and 
books  and  accounts  in  :i  uniform  manner,  upon  the  system  pre-  i857.40.§§5, 
scribed  by  the  board  of  railroad  commissioners;  and  the  direct-   i858,46,§8. 
ors  of  every  company  shall   annually,   on   or  before   the   first  §5143,144 
Wednesday  of   November,   transmit   to  said  board   a   return  of  '^nr'n'.' 
the  doings  of  the  company  for  the  year  ending  on  the  thirtieth   [fyilfgj 
day  of  September  preceding,  which  shall  be  sworn  to  by  them    ^ _■;.-' ■,•"::'•.  :,j;. 
selves  and  by  the  treasurer  and  the  superintendent  of  the  com-  H,  ,, 

o        i'  in  c  •  r  i  P.  S.  113,  §  58. 

pany.     Such  return  shall  set  forth  copies  of  all  leases  and  eon-  R.L  u 
tracts  made  during  the  year  with  other  companies  and  individ- 
uals, and  shall  contain  full  and  complete  information  upon  the 


170  ADDITIONAL    REMEDIES. 

several  items  contained  in  the  form  prescribed  by  said  board. 
A  company  which  owns  a  leased  railway  shall  be  responsible 
for  the  completeness  and  correctness  of  its  annual  return  to  the 
same  extenl  as  if  the  railway  wore  in  its  own  possession.  If  a 
return  is  defective  or  appears  to  be  erroneous,  the  said  board 
shall  notify  the  company  to  amend  it  within  fifteen  days.  A 
company  which  neglects  to  make  a  return,  or  to  amend  it  when 
in  it  i  tied  so  to  do,  shall  forfeit  twenty-five  dollars  for  each  day 
during  which  such  neglect  continues. 
road'eom^fs-  Section  152.  The  board  of  railroad  commissioners  may 
•si, ra  yav    r  make  changes  in  and  additions  to  the  form  of  the  returns  re- 

change  form  of  °  ...... 

returns;  to  (pi i red  by  the  preceding  section,  if  it  gives  to  the  several  com- 
1857,240, §  i  panies  one  year's  notice  of  anv  such  changes  and  additions  as 
1864, 229,  §  42!  require  an  alteration  in  the  method  or  form  of  keeping  their 
p. s.' 113,' §59!  accounts;  and  shall  annually,  on  or  before  the  fifteenth  day  of 
u.  l.  112,  §  94.  geptember,  furnish  blank  forms  for  such  returns. 
abstractfof  Section   153.      The  board  of  railroad  commissioners   shall 

SoSS^Sii  *  Cr   prepare  tables  and  abstracts  of  the  returns  of  the  several  com- 

li>i  1,  .i&l,  §  55.    rl.  -  .  .  ,  tit  -it 

r't  iil'lofi   Pames>   ano-  transmit  said  returns  and  tables  and  abstracts  to 
the  secretary  of  the  commonwealth  at  the  time  and  in  the  man- 
ner provided  in  section  five  of  Part  I  for  the  transmission  of 
the  returns  of  railroad  corporations. 
streetrafiway         Section  151.     The  lessee  of  a  street  railway  shall  make  to 
rei.IoratktoSame    the  company  which  owns  it  the  same  annual  return  under  oath 
is64r''"9    24   °^  *ne  operations  and  business  of  the  railway  as  is  required  of 
i87i| 38i| § 32.  the  company  which  owns  it;  and,  for  failure  so  to  do,  shall  be 
r.  l.  112,  §  97!  liable  in  an  action  of  tort  to  said  company  for  all  the  penalties 

prescribed  by  law  for  failure  by  it  to  make  its  annual  return. 

proceedings  Section  155.     Every  state  board  and  commission  shall  keep 

i)89sre578a§d25   a  record  of  its  proceedings  in  any  matter  considered  by  it  under 

i92LM112' 9398'  *ne  Provisi°ns  °f  this  chapter  or  under  any  laws  affecting  street 

railways,  in  which  it  shall  enter  every  request  made  by  any 

party  before  it  for  a  ruling  of  law  and  of  its  action  upon  such 

request,  and  the  neglect  either  to  grant  or  refuse  such  request 

shall  be  taken  in  any  judicial  review  of  such  proceedings  as  a 

refusal. 

ADDITIONAL    REMEDIES. 

fladcomnS-  Section  156.     Tf,  in  the  judgment  of  the  board  of  railroad 

no("ifySiiVtor-  couimissioners,  a  street  railway  company  has  violated  any  law 

'ToiiTion^of'^  relative  to  such  company,  and  after  notice  in  writing  from  said 

VL"'-  e,/,V-  *  -  board,  continues  such  violation,  or  refuses  or  neglects  to  make 

lbiO,  60 1  ,§5;  -iii  it  in 

383,  §  1  returns  as  required  bv  law,  or  to  amend  the  same  when  law- 

El.  l.  112,  §  99!  fully  required  so  to  do,  said  board  shall  forthwith  present  the 

facts  to  the  attorney-general  for  his  action. 
Kw'sement  Section   157.     The  supreme  judicial  court  or  the  superior 

tiei; 229; 1 43.  (''>ni"t  shall  have  jurisdiction  in  equity,  upon  the  petition  of  a 
L871* iff* §57  '-,,,<',',  railway  company,  or  of  the  board  of  aldermen  of  a  city 
■Pg|[. 'n|, '§  63.  or  the  selectmen  of  a  town  in  which  the  street  railway  is  lo- 
1898! 578,' §  25.  cated,  or  of  any  interested  party,  to  compel  the  observance  of 
§  ioo.    "  and  to  restrain  the  violation  of  all  laws  which  govern  street 

9.  92, 

93,  in;. 


ADDITIONAL    REMEDIES.  "  171 

railway   companies,    and   of  all   orders,   rules   and   regulations  leiMass. 416. 
made  in  accordance  with  the  provisions  of  this  chapter  by  the  184 Mass!  310! 
board  of  aldermen  of  a  city,  the  selectmen  of  a  town  or  the 
board  of  railroad  commissioners,  and  to  review,  annul,  modify 
or  amend  the  rulings  of  any  state  board  or  commission  relative 
to  street  railways  as  law  and  justice  may  require. 

Section  158.  Sections  forty-one,  forty-three,  forty-four,  Repeal, 
forty-five,  forty-six  and  forty-seven  of  chapter  fourteen  of  the 
Revised  Laws,  section  twenty-two  of  chapter  one  hundred  and 
six  of  the  Revised  Laws,  chapter  one  hundred  and  twelve  of 
the  Revised  Laws ;  chapters  two  hundred  and  eighty-eight,  three 
hundred  and  seventy,  three  hundred  and  ninety-five,  three  hun- 
dred and  ninety-six,  three  hundred  and  ninety-nine,  four  hun- 
dred and  forty-nine  and  four  hundred  and  eighty-three  of  the 
acts  of  the  year  nineteen  hundred  and  two;  chapters  one  hun- 
dred and  thirty-four,  one  hundred  and  forty-three,  two  hundred 
and  two  and  four  hundred  and  seventy-six  of  the  acts  of  the 
year  nineteen  hundred  and  three;  chapters  one  hundred  and 
ten,  two  hundred  and  ten,  two  hundred  and  sixty-seven,  three 
hundred  and  seventy-three  and  four  hundred  and  forty-one  of 
the  acts  of  the  year  nineteen  hundred  and  four;  chapters  eighty, 
one  hundred  and  thirty-four  and  three  hundred  and  seventy-six 
of  the  acts  of  the  year  nineteen  hundred  and  five ;  and,  so  far 
only  as  they  apply  to  street  railways  or  street  railway  compa- 
nies, their  officers,  agents  or  employees,  sections  thirty-seven, 
thirty-eight,  thirty-nine,  forty,  forty-two,  sixty-one  and  sixty- 
two  of  chapter  fourteen  of  the  Revised  Laws,  section  one  of 
chapter  thirty-four  of  the  Revised  Laws,  section  twenty-one  of 
chapter  forty-seven  of  the  Revised  Laws,  section  eighty-five 
of  chapter  forty-eight  of  the  Revised  Laws,  sections  nine,  ten, 
eleven,  fifteen,  seventeen,  eighteen,  nineteen,  twenty,  twenty- 
one,  twenty-four,  twenty-five,  twenty-seven,  twenty-eight,  thirty, 
thirty-one,  thirty-two,  thirty-three,  thirty-four,  thirty-five,  forty, 
forty-one,  forty-two,  forty-three,  forty-four,  forty-five,  forty- 
six,  forty-seven,  forty-eight,  forty-nine,  fifty,  fifty-one,  fifty- 
two,  fifty-three,  fifty-four,  fifty-five,  fifty-six  and  fifty-seven  of 
chapter  one  hundred  and  nine  of  the  Revised  Laws,  section 
twenty-eight  of  chapter  one  hundred  and  ten  of  the  Revised 
Laws,  section  eleven  of  chapter  one  hundred  and  twenty-six  of 
the  Revised  Laws;  chapter  four  hundred  and  twenty-three  of 
the  acts  of  the  year  nineteen  hundred  and  three;  chapter  three 
hundred  and  ninety-six  of  the  acts  of  the  year  nineteen  hun- 
dred and  four;  and  chapters  two  hundred  and  sixty-six,  two 
hundred  and  sixty-seven,  two  hundred  and  eighty-three  and 
three  hundred  and  thirty-nine  of  the  acts  of  the  year  nineteen 
hundred  and  six  are  hereby  repealed. 

Section  159.     The  provisions  of  Ibis  act,  so  far  as  they  are  Provisions. 
the  same  as  those  of  existing  statutes,  shall  be  construed  as  a  of,"etcUC ' 
continuation  thereof,  and  not  as  new  enactments,  and  a   refer- 
ence in  a  statute  which  has  not   been  repealed   to  provisions  of 
law  which  have  been  wholly  or  partially  revised  and  re-enacted 


172  ADDITIONAL    REMEDIES. 

herein  shall  he  construed  as  applying  to  such  provisions  as  so 
incorporated  in  this  act.  The  repeal  of  a  law  by  this  act  shall 
not  affect  any  act  done,  ratified  or  confirmed,  or  any  right  ac- 
crued or  established,  or  any  action,  suit  or  proceeding  com- 
menced under  any  of  the  laws  repealed  hefore  the  repeal  took 
effect,  or  any  action,  suit  or  proceeding  pending  at  the  time  of 
the  repeal  for  an  offence  committed,  or  for  the  recovery  of  a 
penalty  or  forfeiture  incurred,  under  any  of  the  laws  repealed, 
but  the  proceedings  shall,  when  necessary,  conform  to  the  pro- 
visions of  this  act.  Any  provision  of  this  act  by  which  a  pun- 
ishment, penalty  or  forfeiture  is  mitigated  may  be  extended  and 
applied  to  any  judgment  pronounced  after  said  repeal. 
Not  to  affe.-t  Section  160.     This  act  shall  not  affect  anv  act  passed  in  the 

certain;).*-.  m  .  «/  r  > 

unless,  etc.        year  nineteen  hundred  and  six  unless  such  act  is  specifically 
repealed  herein.     [Approved  June  7 ',  1906. 


The  Electric  Railroad  Law. 


Chapter  516   of  the  Acts  of   1906. 


AN  ACT  RELATIVE   TO  ELECTRIC   RAILROAD   COMPANIES. 

Sections    1-13.    Formation  and  powers. 
Sections  14-20.    Taxation. 
Section         27.    Interested  parties. 

FORMATION    AND    POWERS. 

Section   1.     Fifteen  or  more  persons  may  associate  them-  Formation, 
selves  by  a  written  agreement  of  association  with  the  intention 
of  forming  an  electric  railroad  company. 

Section  2.  Such  company  shall  have  authority,  subject  to  pOWers. 
the  provisions  of  this  act,  to  construct,  operate  and  maintain  a 
railroad  or  railway,  including  poles,  wires,  or  other  appliances 
and  equipment  connected  therewith,  of  the  class  operated  by 
electricity  or  by  any  power  other  than  steam,  which  the  board 
of  railroad  commissioners  shall  approve,  and  constructed  wholly 
upon  private  land  purchased  or  taken  by  said  company  under 
tlic  provisions  of  this  act;  or  constructed  partly  upon  such  pri- 
vate land  so  purchased  or  so  taken  by  said  company  and  partly 
upon  public  ways  and  places,  but  at  least  one  half  of  which  is 
constructed  upon  such  private  land.  Such  company  shall  have 
all  the  powers  and  privileges,  and  be  subject  to  all  the  duties, 
liabilities  and  restrictions,  relative  to  railroad  corporations,  set 
forth  in  chapter  four  hundred  and  sixty-three  of  the  acts  of 
the  year  nineteen  hundred  and  six,  except  as  is  otherwise  spe- 
cially provided  in  this  act. 

Section  3.     The  agreement  of  association  shall  state: —       Agreement  of 

(a)    That  the  subscribers  thereto  associate   themselves  with  corporate 
the  intention  of  forming  an  electric  railroad  company.  1872%3.C§  2. 

(h)  The  corporate  name  assumed,  which  shall  be  one  not  in  §82'o.'  " 
use  by   any  other  electric   railroad  company   in  the   Common-  j?7s.' nl ' 1 35 
wealth,  or,  in  the  judgment  of  the  board  of  railroad  commis-  rlioosI6' 
sioners,  so  similar  thereto  as  to  be  likely  to  be  mistaken  for  it,  ^,"  /,","'  ''':'• 
or  tor  any  railroad  corporation  or  street  railway  company  in 
this  Commonwealth,  and  which  shall  contain  the  words,  "elec- 
tric railroad  company  ",  at  the  end  thereof. 

(c)  The  torin  in i  of  the  railroad. 

(d)  The  length  of  the  railroad,  as  nearly  as  may  be. 

( c)   The  name  of  each  county,  city  and  town  in  which  the 
railroad  is  to  be  located. 


174 


FORMATION"    AND    POWERS. 


Publication  of 
agreement  of 
association. 
L872,  53.  §  5. 

1S71.  372,  §  22 
P.  S.  112,  §  37 
R.  L.  Ill,  §  38 
.SVe  1906,  463, 
Part  II,  §  16. 


Certificate  of 
public  con- 
venience and 
necessity. 
Exigency. 
Map,  etc. 
1882,  265,  5  1. 
R.  L.  Ill,  §  40. 
.See  1906,  ASS, 
Part  II,  §§  17, 
18. 


Proceedings 
before  boards 
of  aldermen 
or  selectmen. 
See  1906,  463. 
Part  II,  §  19. 


(/)  The  gauge  of  the  railroad,  which  shall  he  four  feet  eight 
and  one  half  inches. 

(g)  The  total  amount  of  the  capital  stock  of  the  company, 
which  shall  be  not  less  than  ten  thousand  dollars  for  each  mile. 

(h)  The  par  value  of  the  shares,  which  shall  he  one  hundred 
dollars. 

(i)  The  names  and  residences  of  at  least  five  persons,  who 
shall  he  suhscrihers  to  the  agreement  of  association,  to  act  as 
directors  until  others  are  chosen  and  qualified  in  their  stead. 

Each  associate  shall  subscribe  to  the  agreement  of  associa- 
tion his  name,  residence,  post  office  address,  and  the  number  of 
shares  of  stock  which  he  agrees  to  take,  but  no  subscriber  shall 
be  hound  to  pay  more  than  ten  per  cent  of  the  amount  of  his 
subscription  unless  a  company  is  incorporated. 

Section  4.  The  directors,  before  applying  to  the  board  of 
railroad  commissioners  as  hereinafter  provided,  shall  cause  a 
copy  of  the  agreement  of  association  to  be  published  in  a  news- 
paper, if  there  be  any,  published  in  each  of  the  cities  and  towns 
in  which  the  railroad  is  to  be  located,  and  if,  in  any  county,  a 
newspaper  is  published  in  none  of  said  cities  and  towns  therein, 
in  such  newspaper  published  in  said  county  as  shall  be  desig- 
nated by  the  board  of  railroad  commissioners,  at  least  once  in 
each  of  three  successive  weeks ;  and  the  sworn  certificate  of  the 
clerk  shall  be  conclusive  evidence  thereof. 

Section  5.  After  compliance  with  the  provisions  of  section 
one  and  of  the  two  preceding  sections,  and  within  thirty  days 
after  the  first  publication  of  notice  of  the  agreement  of  associa- 
tion therein  required,  the  directors  therein  named  shall  apply 
to  the  board  of  railroad  commissioners  for  a  certificate  that 
public  convenience  and  necessity  require  the  construction  of  a 
railroad  as  proposed  in  such  agreement.  With  such  applica- 
tion said  directors  shall  file  a  map  of  the  railroad  showing  the 
cities  and  towns  through  which  it  will  pass,  the  principal  high- 
ways, railways,  railroads,  navigable  streams  and  tide  waters  to 
be  crossed,  and  the  extent  to  which  the  route  of  the  railroad 
will  be  fixed  upon  private  land  or  will  be  located  longitudinally 
upon  public  ways  and  places.  They  shall  also  file  a  general 
profile  of  the  railroad  showing  the  grades,  and  shall  submit  an 
estimate  showing  in  reasonable  detail  the  cost  of  construction. 
The  directors  shall  also  furnish  such  additional  maps  and  in- 
formation as  said  board  may  require.  Prior  to  the  decision  of 
said  board  the  directors  may  change  or  modify  the  route  in  any 
city  or  town  in  whole  or  in  part  either  at  the  suggestion  of  said 
board  or  otherwise.  If  said  board  refuses  to  issue  such  certifi- 
cate, no  further  proceedings  shall  be  had,  but  the  application 
may  be  renewed  after  one  year  from  the  date  of  such  refusal. 
Section  0.  In  case  the  board  of  railroad  commissioners 
grants  the  certificate  specified  in  the  preceding  section,  the  di- 
rectors may,  within  sixty  days  after  the  granting  thereof,  apply 
to  the  board  of  aldermen  of  each  city  and  to  the  selectmen  of 
each  town  in  which  the  railroad  is  to  be  located  to  fix  the  route 


1746 


[See  pages  175,  §  7,  178,  §  2.] 
1908. 
Chapter  450. 
An  Act  relative  to  Electric  Railroad  Companies. 
Section  seven  of  chapter  five  hundred  and  sixteen  of  the  acts  of  the  1906,  516,  S  :. 
year  nineteen  hundred  and  six,  as  amended  by  section  two  of  chapter  \\  amend«I.' 
four  hundred  and  twenty-eight  of  the  acts  of  the  year  nineteen  hun- 
dred and  seven,  is  hereby  further  amended  by  inserting  a  tier  the  word 
"town",  in  the  twelfth  line,  the  words:  —  except  as  hereinafter  pro- 
vided, —  and  by  adding  at  the  end  of  said  section  the  words :  —  In  case 
the  route  in  any  city  or  town,  as  fixed  either  by  the  board  of  aldermen 
or  selectmen,  or  by  the  board  of  railroad  commissioners,  in  the  manner 
hereinbefore  provided,  is  different  from  the  route  designated  in  the  ap- 
plication of  the  directors,  and  in  case  said  change  of  route  in  the  opinion 
of  the  directors  makes  it  desirable  to  change  the  route  of  said  railroad 
in  any  of  the  other  cities  or  towns  through  which  the  route  of  said  rail- 
road passes,  or  in  case  in  the  opinion  of  the  directors  it  becomes  desir- 
able to  change  the  route  of  the  railroad  so  as  to  pass  through  any  cities 
or  towns  not  named  in  the  agreement  of  association  of  said  railroad  com- 
pany or  to  change  the  route  so  as  no  longer  to  pass  through  certain  cities 
or  towns  in  which  the  directors  have  applied  to  have  the  route  fixed,  then 
the  directors  may  at  any  time  before  the  route  in  all  the  cities  and  towns 
is  finally  fixed,  or  within  thirty  days  thereafter,  apply  to  the  board  of 
railroad  commissioners  for  leave  to  apply  again  to  the  board  of  alder- 
men or  selectmen  of  any  cities  or  towns  to  fix  a  new  route  other  than 
that  originally  applied  for  within  such  cities  or  towns,  or  to  apply  to  the 
board  of  aldermen  or  selectmen  of  any  cities  or  towns  not  named  in 
the  agreement  of  association  of  said  railroad  company  to  fix  a  route  of 
the  railroad  passing  through  such  cities  or  towns,  or  for  leave  to  aban- 
don the  route  in  any  cities  or  towns  in  which  the  directors  have  applied, 
as  aforesaid,  to  have  the  route  fixed.  With  such  application  to  the 
board  of  railroad  commissioners  the  directors  shall  file  a  map  and  gen- 
eral profile  showing  the  change  in  the  route  as  proposed,  which  map  and 
general  profile  shall  be  in  the  same  form  as  those  filed  under  the  pro- 
visions of  section  five,  and  the  directors  shall  also  furnish  such  addi- 
tional information  as  the  board  may  require.  The  board  shall  give  a 
public  hearing  upon  such  application  after  giving  such  notice  to  the 
directors  and  to  the  board  of  aldermen  or  selectmen  of  such  cities  or 
towns  as  it  may  deem  requisite.  In  case  the  board  authorizes  the 
directors  to  apply  to  any  cities  or  towns  to  fix  a  route  other  than  that 
designated  in  the  original  application,  then  all  proceedings  hitherto 
taken  in  regard  to  fixing  the  route  in  such  cities  or  towns  shall  become 
null  and  void,  and  the  directors  shall,  within  sixty  days  thereafter. 
again  apply  to  the  board  of  aldermen  of  such  cities  and  to  the  selectmen 
of  such  towns  to  fix  anew  the  route  of  the  railroad  in  such  cities  or 
towns,  and  with  such  application  shall  file  a  copy  of  the  maps  and  gen 
eral  profile  of  such  proposed  altered  route,  and,  upon  request,  the  other 
information  presented  to  the  hoard  of  railroad  commissioners.  The 
proceedings  thereafter  upon  such  application  shall  he  the  same  as  those 
provided  in  the  case  of  an  original  application.  And  in  case  the  hoard 
of  railroad  commissioners  authorizes  the  directors  to  apply  to  any  cities 
or  towns  not  named  in  said  agreement  of  association  to  tix  a  route  of  the 
railroad  passing  through  said  cities  or  towns,  then  the  directors  shall, 
within   sixty  days  after   the  granting   of   such    authority,   apply   to   the 


174c 

board  of  aldermen  or  selectmen  of  such  cities  or  towns  to  fix  the  route 
of  llir  railroad  in  such  cities  or  towns.  Said  application  shall  be  made 
in  the  same  manner  and  the  proceedings  thereon  shall  be  the  same  as  in 
the  case  of  an  application  to  fix  the  route  of  the  railroad  to  the  board 
of  aldermen  or  selectmen  of  a  city  or  town  originally  named  in  the 
agreement  of  association  of  such  railroad  company.  In  case  the  board 
authorizes  the  directors  to  abandon  entirely  the  route  in  any  cities  or 
towns  in  which  the  directors  have  applied,  as  aforesaid,  to  have  the 
route  fixed,  then  any  action  taken  in  regard  to  fixing  the  route  in  such 
cities  or  towns  shall  become  null  and  void,  and  the  railroad  company 
shall  be  under  no  obligation  to  construct  its  railroad  therein.  The  order 
of  the  railroad  commissioners  authorizing  the  directors  to  apply  for  a 
route  of  the  railroad  in  any  city  or  town  not  named  in  the  agreement  of 
association  or  the  order  of  railroad  commissioners  under  which  the  route 
in  any  cities  or  towns  is  abandoned,  shall  operate  as  an  amendment  to 
the  clauses  in  said  agreement  of  association  which  name  the  cities  or 
(owns  in  which  the  railroad  is  to  be  located,  and  the  terminal  thereof, 
and  a  certified  copy  of  said  order  shall  be  attached  to  the  agreement  of 
Fixins  route  association,  —  so  as  to  read  as  follows :  —  Section  7.  If  the  route  desig- 
roada ' '"'' ""'"  nated  in  the  application  is  agreed  to  by  the  board  of  aldermen  or  the 
selectmen,  and  all  requirements  in  respect  of  the  part  of  said  route 
located  longitudinally  upon  public  ways  and  places  are  assented  to  by 
the  directors,  and  thereafter  are  approved  in  writing  by  the  board  of 
railroad  commissioners,  the  board  of  aldermen  or  the  selectmen  shall 
make  a  certificate  setting  forth  the  route  as  fixed  by  them,  which  shall 
be  certified  by  said  board  or  their  clerk  to  the  directors,  and  no  further 
proceedings  shall  be  necessary,  but  the  route  so  agreed  to  shall  be  the 
route  of  said  railroad  in  such  city  or  town,  except  as  hereinafter  pro- 
vided. If  the  board  of  aldermen  or  the  selectmen  agree  with  the  direct- 
ors upon  a  route  different  from  that  designated  in  the  application,  or 
fail  within  ninety  clays  after  the  date  of  the  filing  of  the  application  to 
agree  with  the  directors  upon  a  route,  or  as  to  requirements  in  respect 
of  the  part  of  the  route  located  longitudinally  upon  public  ways  and 
places  which  meet  with  the  approval  of  the  board  of  railroad  commis- 
sioners, the  directors  or  the  board  of  aldermen  or  selectmen  within  one 
hundred  days  after  the  date  of  the  filing  of  the  application  may  apply 
to  the  board  of  railroad  commissioners,  which  may,  in  its  discretion, 
after  notice  to  the  directors  and  board  of  aldermen  or  selectmen,  and 
after  public  notice  and  a  hearing,  fix  the  route  and  determine  the  grades 
and  method  of  constructing  said  railroad  in  such  city  or  in  such  town, 
and  no  change  shall  thereafter  be  made  by  the  directors  in  the  grades 
or  method  of  construction  so  determined  without  the  approval  in  writing 
of  the  board  of  railroad  commissioners  after  notice  to  the  board  of 
aldermen  or  selectmen  and  after  public  notice  and  a  hearing.  Said 
board  shall  thereupon  make  a  certificate  setting  forth  the  route  as  fixed 
by  it,  which  route  shall  be  certified  by  its  clerk  to  the  directors.  In 
fixing  such  route  the  board  of  railroad  commissioners  shall  not  locate 
it  longitudinally  upon  any  public  way  or  place  in  such  city  or  town 
without  the  consent  of  the  board  of  aldermen  of  such  city  or  the  select- 
men of  such  town.  That  part  of  the  route  which  consists  of  a  location 
longitudinally  upon  a  public  way  or  place  shall  not  be  deemed  to  be 
lived  until  all  requirements  which  may  be  imposed  in  respect  of  it  by  the 
board  of  aldermen,  or  the  selectmen,  as  the  case  may  be,  are  approved 
in  writing  by  the  board  of  railroad  commissioners.     In  case  the  route 


171c/ 


in  any  city  or  town,  as  fixed  either  by  the  board  of  aldermen  or  select- 
men, or  by  the  board  of  railroad  commissioners,  in  the  manner  herein- 
before provided,  is  different  from  the  route  designated  in  the  applica- 
tion of  the  directors,  and  in  case  said  change  of  route  in  the  opinion  of 
the  directors  makes  it  desirable  to  change  the  route  of  said  railroad  in 
any  of  the  other  cities  or  towns  through  which  the  route  of  said  rail- 
road passes,  or  in  case  in  the  opinion  of  the  directors  it  becomes  desir- 
able to  change  the  route  of  the  railroad  so  as  to  pass  through  any  cities 
or  towns  not  named  in  the  agreement  of  association  of  said  railroad 
company,  or  to  change  the  route  so  as  no  longer  to  pass  through  certain 
cities  or  towns  in  which  the  directors  have  applied  to  have  the  route 
fixed,  then  the  directors  may  at  any  time  before  the  route  in  all  the 
cities  and  towns  is  finally  fixed,  or  within  thirty  days  thereafter,  apply 
to  the  board  of  railroad  commissioners  for  leave  to  apply  again  to  the 
board  of  aldermen  or  selectmen  of  any  cities  or  towns  to  fix  a  new  route 
other  than  that  originally  applied  for  within  such  cities  or  towns,  or  to 
apply  to  the  board  of  aldermen  or  selectmen  of  any  cities  or  towns  not 
named  in  the  agreement  of  association  of  said  railroad  company  to  fix 
a  route  of  the  railroad  passing  through  such  cities  or  towns,  or  for 
leave  to  abandon  the  route  in  any  cities  or  towns  in  which  the  directors 
have  applied,  as  aforesaid,  to  have  the  route  fixed.  With  such  applica- 
tion to  the  board  of  railroad  commissioners  the  directors  shall  file  a  map 
and  general  profile  showing  the  change  in  the  route  as  proposed,  which 
map  and  general  profile  shall  be  in  the  same  form  as  those  filed  under 
the  provisions  of  section  five,  and  the  directors  shall  also  furnish  such 
additional  information  as  the  board  may  require.  The  board  shall  give 
a  public  hearing  upon  such  application  after  giving  such  notice  to  the 
directors  and  to  the  board  of  aldermen  or  selectmen  of  such  cities  or 
towns  as  it  may  deem  requisite.  In  case  the  board  authorizes  the  direct- 
ors to  apply  to  any  cities  or  towns  to  fix  a  route  other  than  that  desig- 
nated in  the  original  application,  then  all  proceedings  hitherto  taken  in 
regard  to  fixing  the  route  in  such  cities  or  towns  shall  become  null  and 
void,  and  the  directors  shall,  within  sixty  days  thereafter,  again  apply 
to  the  board  of  aldermen  of  such  cities  and  to  the  selectmen  of  such 
towns  to  fix  anew  the  route  of  the  railroad  in  such  cities  or  towns,  and 
with  such  application  shall  file  a  copy  of  the  maps  and  general  profile 
of  such  proposed  altered  route,  and,  upon  request,  the  other  informa- 
tion presented  to  the  board  of  railroad  commissioners.  The  proceedings 
thereafter  upon  such  application  shall  be  the  same  as  those  provided  in 
the  case  of  an  original  application.  And  in  case  the  board  of  railroad 
commissioners  authorizes  the  directors  to  apply  to  any  cities  or  towns 
not  named  in  said  agreement  of  association  to  li\'  a  route  of  the  railroad 
passing  through  said  cities  or  towns,  then  the  directors  shall,  within  sixty 
days  after  the  granting  of  such  authority,  apply  to  the  board  of  alder- 
men or  selectmen  of  such  cities  or  towns  to  fix  the  route  of  the  railroad 
in  such  cities  or  towns.  Said  application  shall  be  made  in  the  same 
manner  and  the  proceedings  thereon  shall  lie  the  same  as  in  the  case  of 
an  application  to  fix  the  route  of  the  railroad  to  the  board  of  aldermen 
or  selectmen  of  a  city  or  town  originally  named  in  the  agreement  of 
association  of  such  railroad  company.  In  case  the  board  authorizes  the 
directors  to  abandon  entirely  the  route  in  any  cities  or  towns  in  which 
the  directors  have  applied,  as  aforesaid,  to  have  the  route  fixed,  then 
any  action  taken  in  regard  to  fixing  the  route  in  such  cities  or  towns 
shall  become  null  and  void,  and  the  railroad  company  shall  be  under  no 


174e 


obligation  to  construct  its  railroad  therein.  The  order  of  the  railroad 
commissioners  authorizing  the  directors  to  apply  for  a  route  of  the 
railroad  in  any  city  or  town  not  named  in  the  agreement  of  association 
or  the  order  of  railroad  commissioners  under  which  the  route  in  any 
cities  or  towns  is  abandoned,  shall  operate  as  an  amendment  to  the 
clauses  in  said  agreement  of  association  which  name  the  cities  or  towns 
in  which  the  railroad  is  to  be  located,  and  the  terminal  thereof,  and  a 
certified  copy  of  said  order  shall  be  attached  to  the  agreement  of  asso- 
ciation.    [Approved  April  28,  1908. 


FORMATION    AND    POWERS.  175 

of  the  railroad  in  such  city  or  town,  and  with  such  application 
the  directors  shall  file  a  copy  of  the  maps  and  general  profile, 
and,  upon  request,  the  other  information  presented  to  the  hoard 
of  railroad  commissioners.  The  board  of  aldermen  and  the 
selectmen  shall  give  fourteen  days'  notice  of  the  time  and  place 
for  a  hearing  on  such  application  by  publication  thereof  in  one 
or  more  newspapers,  if  there  be  any,  published  in  said  city  or 
town ;  otherwise  in  such  newspaper  or  newspapers  published  in 
the  county  in  which  the  city  or  town  is  situated  as  shall  be  des- 
ignated by  the  board  of  railroad  commissioners;  and  written 
notice  of  the  time  and  place  at  which  such  hearing  will  be  held 
shall  be  mailed  at  least  seven  days  before  said  hearing  by  the 
clerk  of  the  city  or  town  in  which  the  application  for  locations 
has  been  filed  to  the  owners  as  determined  by  the  last  preceding 
assessment  for  taxation  of  real  estate  along  the  public  ways  or 
parts  of  ways  upon  which  it  is  proposed  to  construct  said  line 
and  to  the  owners  of  private  land  upon  which  the  route  of  the 
railroad  is  to  be  fixed,  [The  board  of  aldermen  or  the  selectmen  [Amended. 
shall  set  forth  in  the  certificate  required  by  section  seven  the 
fact  that  such  notice  was  mailed  as  above  provided.]  and  said 
cirri-  shall  make  and  deliver  to  the  directors  at  the  hearing  a 
certificate  setting  forth  the  fact  that  such  notice  ivas  published 
and  mailed  as  provided  above,  and  such  certificate  shall  be  con- 
clusive evidence  thereof. 

Section  7.     If  the  route  designated  in  the  application  is  Fixing  the 
agreed  to  by  the  board  of  aldermen  or  the  selectmen,  and  all  s°e  iboe.  4es, 
requirements  in  respect  of  the  part  of  said  route  located  longi-  |>°rt//'§§~°< 
tudinally  upon  public  ways  and  places  are  assented  to  by  the  orseiectmea 
directors,  and  thereafter  are  approved  in  writing  by  the  board 
of  railroad  commissioners,  the  board  of  aldermen  or  the  select- 
men shall  make  a  certificate  setting  forth  the  route  as  fixed  by 
them,  which  shall  be  certified  by  said  board  or  their  clerk  to 
the  directors,   and  no  further  proceedings  shall  be  necessary, 
but  the  route  so  agreed  to  shall  be  the  route  of  said  railroad  in 
such  city  or  town.     Tf  the  board  of  aldermen  or  the  selectmen 
agree  with  the  directors  upon  a  route  different  from  that  desig- 
nated in  the  application,  or   [if  the  board  of  aldermen  or  the 
selectmen  fail  to  agree  with  the  directors  upon  a  route,  or  as  to 
the  requirements   in   respect   of  the  part   of  the   route   located 
longitudinally  upon  public  ways  and  places,  the  directors  within 
ninety  days  after  the  date  of  the  filing  of  the  application  or 
within   fourteen  days  after  the  failure  to  approve  the  require- 
ments, may  apply  to  the  board  of  railroad  commissioners,  which  By  board  of 
may,  in  its  discretion,  after  notice1  to  the  board  of  aldermen  or  missioners. 
the  selectmen,   and   after  public  notice  and  a   hearing,   fix  the  wyr,j&8\ 
route  of  said  railroad  in   such  city  or  such   town,   which  route 
may  be  either  the  route  designated   in   the  application,   or  the 
route  agreed  to  by  the  board  of  aldermen  or  the  selectmen  and 
the  directors.]  fail  within  ninety  days  after  the  date  of  the  fil- 
ing of  (lie  application  !<>  agree  with  the  directors  upon  a  route, 
or  as  to  requirements  in  respect  of  the  part  of  the  route  located 


176 


FORMATION    AM)    POWERS. 


Location  in 
public  way 
or  place. 
See  1906,  463, 
Part  III,  §  7. 


Certificate  of 
incorporation. 
See  1006,  463, 
Part  II,  §§  23. 
24. 


Carriers  of 

baggage  and 

freight 

See  1906,  463, 

Part  III,  %  41- 


longitudinally  upon  /nihil,-  ways  and  places  trhich  meet  with 
the  approval  of  the  board  of  railroad  commissioners,  the  direct- 
ors or  the  board  of  aldermen  or  selectmen  within  one  hundred 
days  after  the  date  of  the  filing  of  the  application  may  apply  to 
tin'  hoard  of  railroad  commissioners,  which  may,  in  its  discre- 
tion, after  notice  to  the  directors  and  board  of  aldermen  or 
selectmen,  and  after  public  notice  and  a  hearing,  fix  the  route 
and  determine  the  grades  and  method  of  constructing  said  rail- 
road in  such  city  or  in  such  town,  and  no  change  shall  there- 
after be  made  by  the  directors  in  the  grades  or  method  of  con- 
struction so  determined  without  the  approval  in  writing  of  the 
board  of  railroad  commissioners  after  notice  to  the  board  of 
aldermen  or  selectmen  and  after  public  notice  and  a  hearing. 
Said  board  shall  thereupon  make  a  certificate  setting  forth  the 
route  as  fixed  by  it,  which  route  shall  be  certified  by  its  clerk 
to  the  directors.  In  fixing  such  route  the  board  of  railroad 
commissioners  shall  not  locate  it  longitudinally  upon  any  pub- 
lie  way  or  place  in  such  city  or  town  without  the  consent  of  the 
board  of  aldermen  of  such  city  or  the  selectmen  of  such  town. 
That  part  of  the  route  which  consists  of  a  location  longitudi- 
nally upon  a  public  way  or  place  shall  not  be  deemed  to  be  fixed 
until  all  requirements  which  may  be  imposed  in  respect  of  it 
by  the  board  of  aldermen,  or  the  selectmen,  as  the  case  may  be, 
are  approved  in  writing  by  the  board  of  railroad  commissioners. 

Section  8.  Tf  the  board  of  aldermen  or  the  selectmen  are 
of  opinion  that,  public  convenience  and  necessity  require  the 
railroad  to  be  constructed  in  part  longitudinally  upon  a  public 
way  or  place,  they  may,  in  granting  or  agreeing  to  a  location 
upon  such  public  way  or  place,  prescribe  how  the  tracks  shall 
be  laid,  and  the  kind  of  wires,  poles,  rails  and  other  appliances 
which  shall  be  used,  and  may  impose  such  terms,  conditions 
and  obligations  incidental  to  and  not  inconsistent  with  the  ob- 
jects of  a  street  railway  company  as  the  public  interests  may  in 
their  judgment  require,  and  the  board  of  railroad  commission- 
ers may  approve. 

Section  9.  The  certificate  of  incorporation  issued  by  the 
secretary  of  the  commonwealth  to  the  company  shall  contain  the 
words,  "electric  railroad  companies",  instead  of  the  words, 
"  railroad  corporations." 

Section  10.  An  electric  railroad  company  shall  act  as  a 
common  carrier  of  baggage,  express  matter  and  freight  in  such 
cases,  upon  such  parts  of  its  railroad,  and  to  such  extent,  in  any 
city  or  town  as,  after  public  notice  and  a  hearing  upon  the  peti- 
tion of  the  president  or  a  majority  of  the  directors  of  the  com- 
pany or  any  interested  party,  the  board  of  aldermen  or  the 
selectmen,  or  those  exercising  the  powers  of  such  board  or  of 
selectmen,  in  such  city  or  town,  shall  by  order  approve:  pro- 
vided, however,  that  a  company  shall  actually  engage  in  the 
business  of  a  common  carrier  under  authority  of  this  act  only 
in  such  of  the  cases,  upon  such  of  the  parts  of  its  railroad,  and 
to  so  much  of  the  extent,  approved  as  aforesaid,  as  the  board 


FORMATION    AND    POWERS.  177 

of  railroad  commissioners  shall  certify,  after  public  notice  and 
a  hearing  upon  the  petition  of  the  president  or  a  majority  of 
the  directors  of  the  company  or  any  interested  party,  that  pub- 
lic necessity  and  convenience  require;  and  provided,  further, 
that  any  company  acting  under  authority  hereof  shall  be  sub- 
ject to  such  regulations  and  restrictions  as  may  from  time  to 
time  be  made  by  the  local  authorities  aforesaid,  with  the  ap- 
proval of  the  board  of  railroad  commissioners,  and  shall  also 
be  subject  to  the  provisions  of  all  laws  now  or  hereafter  in  force 
relating  to  common  carriers  so  far  as  they  shall  be  consistent 
herewith  and  with  said  regulations  and  restrictions. 

Section  11.     An  electric  railroad  companv  shall  be  subject  Sections  of 

i  <.  -n         ■  •    •  /.  •  .-,  street  railway 

to  the   following  provisions   of   law   relative   to   street   railway  law  applicable. 
companies  contained  in  Part  III  of  chapter  four  hundred  and 
sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six:  Recreation 
section  thirty-four  of  said  chapter,  relative  to  the  acquisition  of  groun    ' 
recreation  grounds ;  sections  fifty-nine  to  sixty-three,  inclusive,  Purchase  of 
of  said  chapter,  relative  to  the  purchase  of  electricity  by  cities  etcCtneity  y' 
and  towns ;  and  section  one  hundred  and  three  of  said  chapter,  fil  als°  19°6, 
relative  to  the  increase  of  capital  stock  and  issue  of  bonds.     If  stock  and 
the  railroad,  or  any  extension  thereof,  is  to  be  located  in  part  Locations  on 
longitudinally  upon  public  ways  and  places,  such  company  shall,  hl8hways- 
upon  that  part  of  its  route,   also  be  subject  to  the  following 
provisions  of  law  relative  to  street  railway  companies :  sections 
thirty-two,  sixty-seven  to  seventy-two,  inclusive,  of  said  chap- 
ter, relative  to  locations ;  section  sixty-four  of  said  chapter,  rela- 
tive to  extension  of  locations ;  section  sixty-five  of  said  chapter, 
relative  to  alteration  of  locations ;  section  sixty-six  of  said  chap- 
ter, relative  to  revocation  of  locations ;  sections  seventy-three  to 
eighty-one,  inclusive,  of  said  chapter,  relative  to  construction, 
use  or  discontinuance  of  tracks ;  sections  thirty-six,  thirty-seven.  Operation, 
thirty-eight,  eighty-two  to  ninety-five,  inclusive,  of  said  chap- 
ter, relative  to  operation;  sections  one  hundred  and  thirteen  to  Crossings  of 
one  hundred  and  sixteen,  inclusive,  of  said  chapter,  relative  to  roads! ra 
crossings  of  steam  railroads;  sections  one  hundred  and  fifty-five  Remedies; 
to  one  hundred  and  fifty-seven,  inclusive,  of  said  chapter,  rela-  ESore  state 
tive  to  remedies  and  procedure  before  state  boards. 

Section  12.     An  electric  railroad  company  shall  not  be  sub-  f^S'raikoad 
ject  to  the  following  provisions  of  law  relative  to  railroad  cor-  j^ie0*  apP" 
porations  contained   in  Part  II  of  said  chapter  four   hundred 
and  sixty-three:  so  much  of  section  twenty-two  of  said  chapter  Tracks  in 

c       "  l         1-11  •         t  '•    i   •  1  •  •  public  wavs, — 

as   refers  to  tracks  laid   longitudinally   withm  the  limits  of   a  liability, 

public  way;  so  much  of  section  forty-six  of  said  chapter  as  ap-  Grain 

plies  to  grain  elevators;  sections  fifty-eight,  fifty-nine  and  sixty  stockor  bonds 

of  said  chapter,  relative  to  stock  or  bonds  of  other  corporations;  ofothcr' etc- 
sections  one  hundred  and  forty-seven,  one  hundred  and  fifty-six, 
one  hundred  and  seventy-three  to  one  hundred  and  seventy-six, 

inclusive,   and  two  hundred    and  forty-[one,]    of  said   chapter  \^"',:l! ',''!! ; 

relative  to  operation;  section  one  hundred  and  fifty-five  of  said  "<"7:->JS-} 

chapter  relative  to  the  obstruction  of  highways;  and  so  much  of  town, etc., for 

section  two  hundred  and   [forty-three]    forty-two  of  said  chap-  \\ !'„',',',',!/! ,7 

1907,  4  m  s 


178 


FORMATION    AM)    POWERS. 


Powers  of  rail- 
mad  commis- 
sioners. 


ms  of 
steam  railroad 
law  applici  '  le, 

w  itli  modifii  .t 

linns. 

\\  alking  on 
track. 
Penalty  for 
loss  of  life 
through  negli- 
gence, etc. 


tor  as  applies  to  Incut  inns  longitudinally  within  the  limits  of  a 
public  way;  !>ut  the  hoard  of  railroad  commissioners  shall  pre- 
scribe rules  and  regulations  relative  to  the  equipment  of  cars, 
the  ringing  of  hells,  the  sounding  of  whistles  and  the  giving  of 
signals,  for  the  prevention  of  accidents. 

Section  L3.  Section  two  hundred  and  [thirty-three]  thirty- 
two  of  Part  IT  of  said  chapter  four  hundred  and  sixty-three 
shall  apply  to  an  electric  railroad  company,  with  the  addition, 
after  the  word  *'  track  "',  in  the  second  line  thereof,  of  the 
words  "  not  within  the  limits  of  a  highway  ";  and  section  sixty- 
three  of  Pari  I  of  said  chapter  shall  apply  to  such  company, 
with  the  addition,  after  the  word  '"upon",  in  the  fourteenth 
line  thereof,  of  the  words  "  that  part  of  ",  and  after  the  word 
"  railroad  ",  in  the  fourteenth  and  fifteenth  lines  thereof,  of 
the  words  "  not  within  the  Hunts  of  a  highway." 


1906,  616,  §  6, 
amended. 


Proceedings 
before  boards 
of  aldermen 
or  selectmen. 


1906,  616,  §  7, 
amended. 


Acts  of  1907,  Chapter  428. 
An  Act  relative  to  Electric  Railroad  Companies. 

Section  1.  Section  six  of  chapter  five  hundred  and  sixteen  of  the 
acts  of  the  year  nineteen  hundred  and  six  is  hereby  amended  by  strik- 
ing out  at  the  end  thereof  the  words  "  The  board  of  aldermen  or  the 
selectmen  shall  set  forth  in  the  certificate  required  by  section  seven 
the  fact  that  such  notice  was  mailed  as  above  provided  ",  and  inserting 
in  place  thereof  the  words :  —  and  said  clerk  shall  make  and  deliver 
to  the  directors  at  the  hearing  a  certificate  setting  forth  the  fact  that 
such  notice  was  published  and  mailed  as  provided  above,  and  such 
certificate  shall  be  conclusive  evidence  thereof,  —  so  as  to  read  as  fol- 
lows:—  Section  6.  In  case  the  board  of  railroad  commissioners  grants 
the  certificate  specified  in  the  preceding  section,  the  directors  may, 
within  sixty  days  after  the  granting  thereof,  apply  to  the  board  of 
aldermen  of  each  city  and  to  the  selectmen  of  each  town  in  which  the 
railroad  is  to  be  located  to  fix  the  route  of  the  railroad  in  such  city 
or  town,  and  with  such  application  the  directors  shall  file  a  copy  of 
the  maps  and  general  profile,  and,  upon  request,  the  other  information 
presented  to  the  board  of  railroad  commissioners.  The  board  of  alder- 
men and  the  selectmen  shall  give  fourteen  days'  notice  of  the  time  and 
place  for  a  hearing  on  such  application  by  publication  thereof  in  one 
or  more  newspapers,  if  there  be  any,  published  in  said  city  or  town ; 
otherwise  in  such  newspaper  or  newspapers  published  in  the  county 
in  which  the  city  or  town  is  situated  as  shall  be  designated  by  the 
board  of  railroad  commissioners;  and  written  notice  of  the  time  and 
place  at  which  such  hearing  will  be  held  shall  be  mailed  at  least  seven 
days  before  said  hearing  by  the  clerk  of  the  city  or  town  in  which 
the  application  for  locations  has  been  filed  to  the  owners  as  determined 
by  the  last  preceding  assessment  for  taxation  of  real  estate  along  the 
public  ways  or  parts  of  ways  upon  which  it  is  proposed  to  construct 
said  line  and  to  the  owners  of  private  land  upon  which  the  route  of  the 
railroad  is  to  be  fixed;  and  said  clerk  shall  make  and  deliver  to  the 
directors  at  the  hearing  a  certificate  setting  forth  the  fact  that  such 
notice  was  published  and  mailed  as  provided  above,  and  such  certificate 
shall  be  conclusive  evidence  thereof. 

Section  2.  Section  seven  of  said  chapter  five  hundred  and  sixteen  is 
hereby  amended  by  striking  out  all  after  the  word  "or",  in  the  four- 
teenth   line,    down    to    and    including    the    word    "directors",    in    the 


FORMATION  AND  POWERS.  179 

twenty-sixth  line,  and  inserting  in  place  thereof  the  following:  —  fail 
within  ninety  days  after  the  date  of  the  filing  of  the  application  to 
agree  with  the  directors  upon  a  route,  or  as  to  requirements  in  respect 
of  the  part  of  the  route  located  longitudinally  upon  public  ways  and 
places  which  meet  with  the  approval  of  the  board  of  railroad  commis- 
sioners, the  directors  or  the  board  of  aldermen  or  selectmen  within  one 
hundred  days  after  the  date  of  the  filing  of  the  application  may  apply 
to  the  board  of  railroad  commissioners,  which  may,  in  its  discretion, 
after  notice  to  the  directors  and  board  of  aldermen  or  selectmen,  and 
after  public  notice  and  a  hearing,  fix  the  route  and  determine  the  grades 
and  method  of  constructing  said  railroad  in  such  city  or  in  such  town, 
and  no  change  shall  thereafter  be  made  by  the  directors  in  the  grades 
or  method  of  construction  so  determined  without  the  approval  in 
writing  of  the  board  of  railroad  commissioners  after  notice  to  the 
board  of  aldermen  or  selectmen  and  after  public  notice  and  a  hearing,  — 
so  as  to  read  as  follows :  —  Section  7.  If  the  route  designated  in  the  Fixing  route 
application  is  agreed  to  by  the  board  of  aldermen  or  the  selectmen,  and  °aifr0adsC 
all  requirements  in  respect  of  the  part  of  said  route  located  longi- 
tudinally upon  public  ways  and  places  are  assented  to  by  the  directors, 
and  thereafter  are  approved  in  writing  by  the  board  of  railroad 
commissioners,  the  board  of  aldermen  or  the  selectmen  shall  make  a 
certificate  setting  forth  the  route  as  fixed  by  them,  which  shall  be 
certified  by  said  board  or  their  clerk  to  the  directors,  and  no  further 
proceedings  shall  be  necessary,  but  the  route  so  agreed  to  shall  be  the 
route  of  said  railroad  in  such  city  or  town.  If  the  board  of  aldermen 
or  the  selectmen  agree  with  the  directors  upon  a  route  different  from 
that  designated  in  the  application,  or  fail  within  ninety  days  after  the 
date  of  the  filing  of  the  application  to  agTee  with  the  directors  upon  a 
route,  or  as  to  requirements  in  respect  of  the  part  of  the  route  located 
longitudinally  upon  public  ways  and  places  which  meet  with  the  ap- 
proval of  the  board  of  railroad  commissioners,  the  directors  or  the 
board  of  aldermen  or  selectmen  within  one  hundred  days  after  the 
date  of  the  filing  of  the  application  may  apply  to  the  board  of  railroad 
commissioners,  which  may,  in  its  discretion,  after  notice  to  the  directors 
and  board  of  aldermen  or  selectmen,  and  after  public  notice  and  a  hear- 
ing, fix  the  route  and  determine  the  grades  and  method  of  constructing 
said  railroad  in  such  city  or  in  such  town,  and  no  change  shall  there- 
after be  made  by  the  directors  in  the  grades  or  method  of  construction 
so  determined  without  the  approval  in  writing  of  the  board  of  railroad 
commissioners  after  notice  to  the  board  of  aldermen  or  selectmen  and 
after  public  notice  and  a  hearing.  Said  board  shall  thereupon  make  a 
certificate  setting  forth  the  route  as  fixed  by  it.  which  route  shall  be 
certified  by  its  clerk  to  the  directors.  In  fixing  such  route  the  board  of 
railroad  commissioners  shall  not  locate  it  longitudinally  upon  any 
public  way  or  place  in  such  city  or  town  without  the  consent  of  the 
board  of  aldermen  of  such  city  or  the  selectmen  of  such  town.  That 
part  of  the  route  which  consists  of  a  location  longitudinally  upon  a 
public  way  or  place  shall  not  be  deemed  to  be  fixed  until  all  require- 
ments which  may  be  imposed  in  respect  of  it  by  the  board  of  alder- 
men, or  the  selectmen,  as  the  case  may  be,  are  approved  in  writing 
by  the  board  of  railroad  commissioners. 

Section  3.     Section  twelve  of  said  chapter  five  hundred  and  sixteen   1906,  sie,  §  is, 
is  hereby  amended  by  striking  out  the  word  "  forty-one  ",  in  the  twelfth   amended- 
line,  and  inserting  in  place  thereof  the  word  :  —  forty.  —  and  by  striking 
out  the  word  "  forty-three  ",  in  the  fifteenth  line,  and  inserting  in  place 
thereof  the  word: — forty-two,  —  so  as  to  read  as  follows:  —  Section 


180 


TAXATION. 


Certain 
sections  of 
railroad  law 
not  to  apply. 


1906.  616,  §  13, 
iniu  mil  d 
Certain  provi- 
sions of  law  to 
apply,  etc. 


To  apply  to 
pending  pro- 
ceedings. 


Annual 
returns  to  tax 
commissioner. 
1864    20J 
3. 

lS6o,  283.  §  3. 
1880,  117,  §  2. 
P.  s.  13 
lss.-,,  j:,s.  <  i. 
1886,  270. 
1888,  113,  §  24. 
1898,  417;  578, 

R.  L.  14,  §  37. 
12  Allen.  ::,. 
us  Mass   25 
L39  Mass   561. 
144  Mass.  598. 
L46  Mass.  408. 
157  Mass.  70. 
11  Op.  A.  G. 
278.] 


12.  An  electric  railmad  company  shall  not  be  subject  to  the  following 
provisions  of  law  relative  to  railroad  corporations  contained  in  Part  II 
of  said  chapter  four  hundred  and  sixty-three:  so  much  of  section 
twenty-two  of  said  chapter  as  refers  to  tracks  laid  longitudinally  within 
the  limits  of  a  public  way;  so  much  of  section  forty-six  of  said  chapter 
as  applies  to  grain  elevators;  sections  fifty-eight,  fifty-nine  and  sixty 
of  said  chapter,  relative  to  stock  or  bonds  of  other  corporations;  sec- 
tions one  hundred  and  forty-seven,  one  hundred  and  fifty-six,  one 
hundred  and  seventy-three  to  one  hundred  and  seventy-six,  inclusive, 
and  two  hundred  and  forty,  of  said  chapter  relative  to  operation; 
section  one  hundred  and  fifty-five  of  said  chapter  relative  to  the  obstruc- 
tion of  highways;  and  so  much  of  section  two  hundred  and  forty-two 
of  said  chapter  as  applies  to  locations  longitudinally  within  the  limits 
of  a  public  way;  but  the  board  of  railroad  commissioners  shall  prescribe 
rules  and  regulations  relative  to  the  equipment  of  cars,  the  ringing  of 
bells,  the  sounding  of  whistles  and  the  giving  of  signals,  for  the  pre- 
vention of  accidents. 

Section  4.  Section  thirteen  of  said  chapter  five  hundred  and  sixteen 
is  hereby  amended  by  striking  out  the  word  "  thirty-three ",  in  the 
first  line,  and  inserting  in  place  thereof  the  word :  —  thirty-two,  —  so  as 
to  read  as  follows :  —  Section  13.  Section  two  hundred  and  thirty-two 
of  Part  II  of  said  chapter  four  hundred  and  sixty-three  shall  apply  to 
an  electric  railroad  company,  with  the  addition,  after  the  word  "  track  ", 
in  the  second  line  thereof,  of  the  words  "  not  within  the  limits  of  a 
highway  ";  and  section  sixty-three  of  Part  I  of  said  chapter  shall  apply 
to  such  company,  with  the  addition,  after  the  word  "  upon  ",  in  the  four- 
teenth line  thereof,  of  the  words  "that  part  of",  and  after  the  word 
"  railroad  ",  in  the  fourteenth  and  fifteenth  lines  thereof,  of  the  words 
"  not  within  the  limits  of  a  highway." 

Section  5.  This  act  shall  apply  to  all  pending  proceedings  under 
said  chapter  five  hundred  and  sixteen. 

Section  6.  This  act  shall  take  effect  upon  its  passage.  [Approved 
May  17,  1907. 

TAXATION. 

A.     Corporate  Franchise  Tax. 

Section  14.  Every  electric  railroad  company  organized 
under  the  general  laws  of  the  commonwealth,  in  addition  to  all 
returns  required  by  its  charter,  shall  annually,  between  the  first 
and  tenth  days  of  May,  return  to  the  tax  commissioner,  under 
the  oath  of  its  treasurer,  a  complete  list  of  its  shareholders, 
their  residences,  the  number  of  shares  belonging  to  each,  the 
amount  of  the  capital  stock  of  the  company,  its  place  of  busi- 
Dess  and  the  par  value  and  market  value  of  the  shares  made  up 
as  of  said  first  day  of  May.  If  stock  is  held  as  collateral 
security,  such  return  shall  state  the  name  and  residence  of  the 
pledgor  and  of  the  pledgee.  It  shall  also  contain  a  statement 
in  detail  of  the  works,  structures,  real  estate  and  machinery 
owned  by  said  company  and  subject  to  local  taxation  within  the 
commonwealth,  and  of  the  location  and  value  thereof.  Such 
company  shall  also  state  in  its  return  the  whole  length  of  its 
line,  and  so  much  of  the  length  of  its  line  as  is  without  the 
commonwealth,  and  so  much  as  is  constructed  on  private  land; 
also  the  length  of  truck  operated  by  the  electric  railroad  com- 
pany in  each  city  and  town  on  the  thirtieth  day  of  September 


TAXATION.  181 

preceding  the  return,  to  be  determined  by  measuring  as  single 
track  the  total  length  of  all  tracks  operated  by  it,  including 
sidings  and  turn-outs,  whether  owned  or  leased  by  it  or  over 
which  it  has  trackage  rights  only ;  and  the  amount  of  dividends 
paid  on  its  capital  stock  during  the  year  ending  on  such  pre- 
ceding thirtieth  day  of  September  and  during  each  year  from 
the  organization  of  the  company. 

Section  15.     The  tax  commissioner  shall  ascertain  from  the  valuation  of 
returns  or  otherwise  the  true  market  value  of  the  shares  of  each  franchise,  etc. 
electric  railroad  company,  and  shall  estimate  therefrom  the  fair  i864,208, 
cash  value  of  all  of  said  shares  constituting  its  capital  stock  on  Ises,  283, 
the  preceding  first  day  of  May,  which,  unless  by  the  charter  of  i|8o,5ii7,  §  2. 
the  company  a  different  method  of  ascertaining  such  value  is  p^s.  13,  §§39, 
provided,  shall,  for  the  purposes  of  this  act,  be  taken  as  the  true  isle'  ^~o* §  l' 
value  of  its  corporate  franchise.     From  such  value  there  shall  i89s!  I17. 
be  deducted  so  much  of  the  value  of  its  capital  stock  as  is  pro-  13  Alien',  391/ 
portional  to  the  length  of  that  part  of  its  line,  if  any,  lying  106  Mass.  184,' 
without  the  commonwealth;  aud  also  the  value  of  its  real  estate  125' Mass. 568. 
and  machinery  subject  to  local  taxation  within  the  common-  }|9  ^^  f  ^ 

wpnlrli  144  Mass!  598! 

weaitn.  ^  ^  146  Masa  408 

For  the  purposes  of  this  section,  the  tax  commissioner  may  152  Mass.  372. 

take  the  value  at  which  such  real  estate  and  machinery  are  as-  167  Mass.  522. 

sessed  at  the  place  where  they  are  situated  as  the  true  value, 

but  such  local  assessment  shall  not  be  conclusive  of  the  true 

value  thereof. 

Section  16.     The  tax  commissioner  may  require  the  com-  Corporation 

,  1  '-,  .  ,.     .  .to  appeal  from 

pany  to  prosecute   an   appeal  from   the  valuation   01   its  real  local  vaiua- 
estate  or  machinery  by  the  assessors  of  a  city  or  town,  either  to  i865,  283,  §  6. 
the  county  commissioners  or  to  the  superior  court,  whose  deci-  1390, 127!  §7. 
sion  shall  be  conclusive  upon  the  question  of  value.     Upon  such  r.9l!  fl'i  39. 
appeal  the  tax  commissioner  may  be  heard,  and  in  the  supe- 
rior court  costs  may  be  awarded  as  justice  requires. 

Section  17.     Every  electric  railroad  companv  subject  to  the  Tax  to  be  paid 

.    .  .  p  1  n  .011  corporate 

provisions  of  section  fourteen  shall  annually  pay  a  tax  upon  its  franchise. 

r.  1   .  ,,  1   .  1  1     i       !■  •  l      i     j*  Rate,  how  de- 

eorporate  franchise,   after  making  the  deductions  provided  tor  termined. 

in  section  fifteen,  at  a  rate  determined  by  an  apportionment  of  i86s!  283!  I  5! 

the  whole  amount  of  money  to  be  raised  by  taxation  upon  prop-  p.  s.'i3,'§  40. 

erty  in  the  commonwealth  during  the  same  year  as  returned  by  lilt;  270! §  *' 

the  assessors  of  the  several   cities  and  towns  under  the  provi-  [Iff ' Uf' § 24' 

sions  of  section  ninety-three  of  chapter  twelve  of  the  Revised  J*-  l.  14,  |  40. 

Laws  upon  the  aggregate  valuation  of  all  cities  and  towns  for  29-s 

1  &&      to  _  t  98  Mass.  19, 

the  preceding  year  as  returned  under  sections  sixty  and  sixty-  25. 
one  of  said  chapter;  but  if  the  return  from  any  city  or  town  is  151. 
not  received  prior  to  the  twentieth  day  of  August,  the  amounl   135 Mass! 569! 
raised  by  taxation  in  such  city  or  town  for  the  preceding  year,   [39  Mass."  lei. 
as    certified    to    the   secretary    of    the    commonwealth,    may    be  [571^*  708' 
adopted   for  the  purpose  of  this   determination.      The   amount   167  Mj^  5|J» 
of  tax  assessed  upon  polls  for  the  preceding  year,  as  certified  17s  r.  s.  120. 
to  said  secretary,  may  be  taken  as  the  amount  of  poll  tax  to  be 
deducted  from  the  whole  amount  to  be  raised  by  taxation,  in 
ascertaining  the  amount  to  be  raised  upon  property. 


182  ADDITIONAL    CORPORATE    FRANCHISE    TAX,   ETC. 


B.     Additional  Corpora  I  e  Franchise  Tax. 

raetoric*"       Section  18.     If  an  operating  electric  railroad  company,  in- 
indcom-     eluding  a  company  whose  lines  are  located   partly  within  and 
1898.417:578,  partly  without  the  limits  of  the  commonwealth,  has  paid  dur- 
R. L.  14, §41.    ing  the  year  ending  on  the  thirtieth  day  of  September  preced- 
ing the  date  of  the  return  required   by  section  fourteen   divi- 
dends exceeding  in  the  aggregate  eight  per  cent  upon  its  cap- 
ital stock,  it  shall  for  every  such  year  in  addition  to  the  tax 
required  by  the  preceding  section  pay  a  tax  equal  to  the  amount 
of  such  excess  to  be  determined  as  therein  provided  by  the  tax 
commissioner;  but  such  additional  tax  shall  not  be  imposed,  if, 
from  the  date  when  the  company  began  to  operate  its  railroad, 
it  has  not  paid  dividends  equivalent  in  the  aggregate  to  at  least 
six  per  cent  per  annum  upon  its  capital  stock  from  year  to  year. 
Remedy  of  Section  19.     If  the  value  of  the  real  estate  and  machinery 

when  assess-  of  an  electric  railroad  company  subject  to  local  taxation  within 
oPreaf estate1  the  commonwealth,  as  determined  by  the  tax  commissioner,  is 
commission-  less  than  the  value  thereof  as  determined  by  the  assessors  of 
1865, 283,  §  6.  *ne  place  whore  the  same  are  situated,  he  shall  give  notice  of 
'son  41/ 41'  h^s  determination  to  such  company;  and,  unless  within  one 
r  i    u.  $  42.    month  after  the  date  of  such  notice  it  applies  to  said  assessors 

13,   Mass.  81.  i      •  e  i  i 

1 16  Mass.  403.    for   an  abatement,  and,  upon  their  refusal  to  grant  an  abate- 

152  Mass.  384.  '  i  i         .1  ■••?.• 

167  Mass.  522.  ment,  prosecutes  an  appeal  under  the  provisions  ot  section  sev- 
enty-seven of  chapter  twelve  of  the  Revised  Laws,  giving 
notice  thereof  to  the  tax  commissioner,  the  valuation  of  said 
commissioner  shall  be  conclusive  upon  said  company. 

C.      Exemption  and  Apportionment. 

Exemption  Section  20.     Xo  taxes  shall  be  assessed  in  a  city  or  town 

taxation.  for  state,  county  or  town  purposes  upon  the  shares  in  the  cap- 

ment.rtlc  ital    stock   of   an   electric   railroad   company   for   any  year   for 

1864, 208,  §§  8,  wbicjj  ^  pavg  xo  the  treasurer  and  receiver  general  a  tax  on  its 
lie!'  Hi'  |  25'  corporate  franchise.  Such  proportion  of  the  tax  collected  of 
1'ss";  l2328*  57'  eacn  electric  railroad  company  under  the  provisions  of  sections 
HB&m-yf-  seventeen  and  eighteen  as  corresponds  to  the  proportion  of  its 

1898,  41/;  5/8,  ,    0  .  .         ii-ni  t-ii  Vx     J 

5M.26.  r  hne  constructed  on  private  land,  shall  be  distributed,  credited 
190D  4131m!  and  paid,  in  the  ratio  of  the  amount  of  its  stock  owned  by  per- 
L35  Mass.  569.  sons  residing  in  this  commonwealth,  to  the  several  cities  and 
towns  in  which,  from  the  returns  or  other  evidence,  it  appears 
that  such  persons  resided  on  the  preceding  first  day  of  May, 
according  to  the  number  of  shares  so  held  in  such  cities  and 
towns  respectively,  Tf  stock  is  held  by  co-partners,  guardians, 
executors,  administrators  or  trustees,  the  proportion  of  tax  cor- 
responding to  the  amount  of  stock  so  held  shall  be  credited  and 
paid  to  the  cities  and  towns  where  the  stock  would  have  been 
taxed  under  the  provisions  of  clauses  four,  five,  six  and  seven 
of  section  twenty-three  and  of  section  twenty-seven  of  chapter 
twelve  of  the  "Revised  Laws.  Such  proportion  of  the  tax  col- 
lected from  any  such  electric  railroad  company  under  the  pro- 


139  Mass.  559. 


COMMUTATION    TAX.  183 

visions  of  sections  seventeen  and  eighteen  as  corresponds  to  the 
proportion  of  its  line  located  longitudinally  upon  public  ways 
and  places,  shall  be  distributed,  credited  and  paid  to  the  sev- 
eral cities  and  towns  in  proportion  to  the  length  of  tracks  op- 
erated by  such  company  in  such  cities  and  towns  respectively. 
The  share  of  the  tax  paid  by  an  electric  railroad  company  in 
respect  of  its  tracks  upon  locations  granted  by  the  board  of 
metropolitan  park  commissioners  or  by  the  Wachusett  moun- 
tain state  reservation  commission  shall  be  apportioned  to  the 
commonwealth  and  shall  be  credited  by  the  treasurer  and  re- 
ceiver general  to  the  sinking  fund  of  the  loan  to  which  the 
expenditure  for  the  road,  boulevard,  park  or  reservation  in 
which  the  tracks  are  located  was  charged. 

Section  21.     The  tax  commissioner  shall,  subiect  to  appeal  Tax  commis- 

.  ,  .  J  n  sioner  to  deter- 

to  the  board  of  appeal,  ascertain  and  determine  the  amount  due  mine  amounts 
to  each  city  and  town  under  the  provisions  of  the  preceding  and  towns. 
section,  notify  the  treasurer  of  each  city  and  town  thereof,  and  p.  s.'i3,  §  68.  ' 
certify  the  amount  as  finally  determined,  to  the  treasurer  and  §§  4/5.   ' 
receiver  general,  who  shall  thereupon  pay  over  the  same. 

D.     Commutation  Tax. 

Section  22.     An  electric  railroad  company,  including  a  com-  Returns  of 
pany  whose  lines  are  located  partly  within  and  partly  without  railroad 
the  limits  of  the  commonwealth,  shall  annually,  on  or  before  ^fSo"ses  to 
the  fifteenth  day  of  October,  make  and  file  in  the  office  of  the  J8|8'  417;  578, 
board  of  assessors  of  every  city  and  town  in  which  any  part  of  R- L- 14-  § 43- 
the  railroad  operated  by  it  is  situated  a  return  signed  and  sworn 
to  by  its  president   and  treasurer,  stating  the  length  of  track 
operated  by  it  longitudinally  upon  public  ways  and  places  in 
such  city  or  town,  and  also  the  total  length  of  track  operated 
by  it,  determined  as  provided  in  section  fourteen,  and  also  the 
amount  of  its  gross  receipts  during  the  year  ending  on  the  pre- 
ceding thirtieth  day  of  September,  including  therein  all  amounts 
received  by  it  from  the  operation  of  its  railroad,  but  excluding 
income  derived  from  sale  of  power,  rental  of  tracks  or  other 
sources. 

Suction  23.     On  or  before  the  first  day  of  Xovember  annu-  Excise  tax. 
ally,  the  assessors  of  every  city  and  town  in  which  an  electric  §  7.  ' 
railroad  is  operated,  including  a  company  whose  lines  are  lo-         •    »§     ■ 
cated  partly  within  and  partly  without  the  limits  of  the  com- 
monwealth, shall  assess  on  every  company  described  in  the  pre- 
ceding section  operating  a  railroad  therein  an  excise  tax  of  an 
amount   equal  to  such  proportion  of  the  following  percentages 
of  the  gross  receipts  of  such  company  as  the  length  of  tracks 
operated  by  it  longitudinally  upon  the  public  ways  and  places 
of  such  city  or  town  bears  to  the  total  length  of  tracks  operated 
by  it. 

The  percentages  shall  be  based  upon  the  annual  gross  re- 
ceipts for  each  mile  of  track  as  follows  and  computed  upon  the 
aggregate  of  such  annual  gross  receipts:  four  thousand  dollars 


l&l 


COMMUTATION    TAX. 


Revision  of 

tax. 

1898,  578,  5  8. 

R.  L.  14,  §  45. 


Notice  to  tax 
collector  of 
amount  of 
excise  tax. 
1898,  57,s.  5  0. 
R.  L.  14,  §  46. 


or  less,  one  per  cent ;  more  than  four  thousand  dollars  and  less 
than  seven  thousand,  two  per  cent;  more  than  seven  thousand 
dollars  and  less  than  fourteen  thousand,  two  and  one  quarter 
per  cent;  more  than  fourteen  thousand  dollars  and  less  than 
twenty-one  thousand,  two  and  one  half  per  cent;  more  than 
twenty-one  thousand  dollars  and  less  than  twenty-eight  thou- 
sand, two  and  three  quarters  per  cent;  twenty-eight  thousand 
dollars  or  more,  three  per  cent. 

The  excise  tax  provided  for  by  (his  section  shall  be  in  addi- 
tion to  the  taxes  otherwise  provided  by  law. 

Section  24.  The  aldermen  of  a  city,  the  selectmen  of  a 
town  or  an  electric  railroad  company  operating  in  such  city  or 
town  may  petition  the  board  of  railroad  commissioners  for  a 
revision  of  the  amount  of  excise  tax  to  be  paid  by  a  company 
under  the  provisions  of  the  preceding  section.  Said  board  shall, 
upon  such  petition,  after  public  notice  and  a  hearing  at  which 
the  aldermen  or  selectmen  and  the  company  may  submit  evi- 
dence, determine  the  average  annual  cost  to  such  city  or  town 
of  the  work  done  by  it  during  the  preceding  three  years  under 
the  provisions  of  said  chapter  four  hundred  and  sixty-three, 
which  a  street  railway  company  was  not  by  law  required  to  do 
prior  to  the  first  day  of  October  in  the  year  eighteen  hundred 
and  ninety-eight,  and  also  the  average  annual  payments  made 
by  said  company  to  said  city  or  town  under  and  pursuant  to 
the  provisions  of  the  preceding  section  during  said  three  years ; 
and  having  determined  said  average  annual  cost  and  average 
annual  payments,  said  board  shall  fix  and  determine  the  pro- 
portion of  a  percentage  of  the  gross  receipts  which  shall  be  paid 
as  an  excise  tax  under  the  provisions  of  said  section  by  the 
company  to  said  city  or  town  annually  thereafter,  such  per- 
centage to  be  fixed  at  such  a  rate  as  will  be  necessary  to  yield 
to  the  city  or  town  annually  thereafter  an  amount  equal  to  the 
average  annual  cost  to  the  city  or  town  determined  as  afore- 
said ;  and  the  percentage  so  fixed  shall  not  again  be  changed  for 
the  period  of  three  years  and  then  only  in  the  manner  herein 
provided.  Said  board  may  at  any  time  upon  petition  therefor 
by  a  city  or  town  entitled  to  a  part  of  the  excise  tax  paid  by 
an  electric  railroad  company,  after  such  notice  as  the  board  may 
order  to  all  other  cities  and  towns  entitled  to  share  in  the  ex- 
cise tax  paid  by  said  company,  and  after  a  hearing,  determine 
as  to  the  distribution  thereof  among  the  several  cities  and  towns 
in  which  such  company  operated  any  part  of  its  railroad,  and 
fix  the  proportions  thereof  to  which  they  shall  respectively  be 
entitled,  which  shall  thereafter  be  the  proportions  of  said  excise 
tax  to  be  assessed  upon  said  company,  instead  of  the  proportion 
based  upon  length  of  tracks  as  hereinbefore  provided. 

Section  25.  Prior  to  the  fifteenth  day  of  November  in  each 
year  the  assessors  of  every  city  and  town  shall  notify  the  col- 
lector of  taxes  thereof  of  the  amount  of  excise  tax  assessed 
therein  under  the  provisions  of  section  twenty-three,  and  the 
collector  shall  forthwith  notify  the  treasurer  of  every  electric 


APPLICATION    OF    TAXES,    ETC.  185 

railroad  company  of  the  amounl  of  excise  tax  so  assessed  upon 
it,  which  shall  become  due  and  payable  within  thirty  days  after 
the  receipt  of  such  notice.  The  provisions  of  chapter  thirteen 
of  the  Revised  Laws,  so  far  as  they  may  be  appropriate,  shall 
apply  to  the  collection  of  the  said  excise  tax. 

E.     Application  of  Taxes. 

Section  26.  All  taxes  which  are  collected  from  an  electric  Application  of 
railroad  company  and  paid  to  cities  and  towns  under  the  pro-  isWTsts.  §  10. 
visions  of  the  preceding  section  and  of  section  twenty-one  shall 
be  applied  toward  the  construction,  repair  and  maintenance  of 
the  public  ways  and  places  in  which  the  tracks  of  such  com- 
pany are  located,  and  to  the  removal  of  snow  from  such  public 
ways  and  places  within  such  cities  and  towns. 

interested  parties. 

Section  27.     In  any  proceeding  under  this  act  before  the  interested 
board  of  railroad  commissioners,  the  mayor  and  aldermen  of  ffilrfi  2s  and 
any  city  or  the  selectmen  of  any  town,  any  person  whose  land  S9, see bduw] 
is  to  be  taken  or  whose  estate  abuts  upon  any  highway  through 
which  the  electric  railroad  is  to  pass,  and  any  railroad  corpora- 
tion or  street  railway  company  which  has  a  location  in  any  city 
or  town  included  within  the  proposed  route  of  the  electric  rail- 
road company,  shall  be  considered  an  interested  party.      [Ap- 
proved June  22,  1906. 

Acts  of  1907,  Chapter  448. 

An  Act  relative  to  Recovery  of  Damages  by  Abutters  on  Locations  of  Electric 

Railroads. 

Section  1.  Chapter  five  hundred  and  sixteen  of  the  acts  of  the  year 
nineteen  hundred  and  six  is  hereby  amended  by  adding  the  following 
sections  at  the  end  of  said  chapter,  under  the  heading  F. 

F. 
Section  28.  The  location,  construction,  maintenance,  or  operation  of 
said  lines  of  railroad  in  so  far  as  the  same  are  located  longitudinally 
upon  an  elevated  structure  upon  a  public  way  or  place  shall  be  deemed 
an  additional  servitude,  and  shall  entitle  lessees,  mortgagees  and  other 
parties  having  an  estate  in  such  public  ways  or  places,  or  in  premises 
which  abut  thereon,  and  who  are  damaged  by  reason  of  the  location, 
construction,  maintenance  and  operation  of  said  lines  of  railroad,  to 
recover  reasonable  compensation  in  the  manner  herein  provided.  Any 
such  person  may,  at  any  time  within  three  years  after  the  construction 
of  such  railroad  longitudinally  upon  a  public  way  or  place,  file  in  the 
clerk's  office  of  the  superior  com't  for  the  county  where  the  said  prem- 
ises lie,  a  petition  setting  forth  his  claim  against  the  corporation  owning 
or  operating  the  same,  and  the  amount  thereof.  He  shall  give  to  said 
corporation  fourteen  days'  notice  of  the  filing  of  such  petition,  and 
answer  thereto  shall  be  filed  by  said  corporation  within  thirty  days 
after  the  return  day  of  such  notice.  Section  29.  The  said  petition  shall 
be  heard  before  a  jury,  if  either  party  claims  that  right  at  the  time  of 
the  filing  of  the  petition,  or  within  ten  days  after  the  filing  of  the 


1^(3  INTERESTED    PARTIES. 

answer  thereto;  otherwise,  the  same  shall  be  heard  before  the  court 
without  a  jury.  The  finding  shall  be  on  the  following  questions,  to  wit: 
First,  Has  the  petitioner's  estate  been  damaged  more  than  it  has  been 
benefited  or  improved  in  value  by  reason  of  the  location,  construction, 
maintenance  or  operation  of  such  railroad?  Second,  If  so,  how  much? 
If  the  answer  to  the  first  question  shall  be  "No",  a  verdict  shall  be 
rendered  for  the  corporation ;  otherwise,  a  verdict  shall  be  rendered  for 
the  petitioner  for  the  amount  found  in  answer  to  the  second  question, 
including  interest  from  the  day  of  the  filing  of  the  petition. 

Section  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
Maxj  24, 1907. 

Acts  of  1907,  Chapter  55G,  §  1. 

An  Act  to  extend  the  Provisions  of  Law  relative  to  Electric  Railroad  Companies 
to  the  Form  of  Railway  known  as  the  Boynton  Bicycle  Railway. 

Section  1.  The  provisions  of  chapter  five  hundred  and  sixteen  of  the 
acts  of  the  year  nineteen  hundred  and  six  and  all  acts  in  addition  thereto 
and  in  amendment  thereof  shall,  so  far  as  they  are  applicable,  apply  to 
the  construction,  operation  and  maintenance  of  the  form  of  railway 
known  as  the  "  Boynton  Bicycle  Railway." 


INDEXES. 


INDEX  TO  RAILROAD  LAWS. 


A. 

ABANDONMENT. 

of  stations  forbidden,  when,         .  .  .  73,  74 

ABOLITION    AND    ALTERATION. 

of  crossings,  distinction,      ....  20,  66 

ABOLITION    OF    GRADE    CROSSINGS. 

In  General. 
authorization,  .  .      '     . 

bonds  or  capital,  increase  of, 
construction,  method  of,  as  to,    . 
discontinuance,  of  crossing, 

public  or  private  way,  of, 
engineer,  state,  to  examine  plans, 
equity  jurisdiction  to  enforce, 
grade,  change  of,        . 
maintenance  and  repair  of  new  crossing,    16 

apportionment  between  different  railroads 
for,  ..... 

taking  of  land,  what  constitutes, 

deemed  to  be  taken  by  whom, 

filing  and  record,    .... 

Agreement  for. 

by  two  railroads,        .  .  ... 

board  to  supervise, 
by  railroad  and  local  authorities,  .       1' 

approval  of  railroad  commissioners. 

and   agreement,    to   be   filed    by   clerk    of 
board,     ..... 
damages,  assessment  of,      . 
expense,  apportionment  of, 

amount  payable  by  commonwealth, 
force  and  effect  of,     . 
supervision  by  board, 

may  employ  agents, 
filing  agreements  with   county  commission 
ers,  ..... 

with  auditor  of  commonwealth, 

in  registry  of  deeds, 


14,  15 
47 
14 
15 
15 

126 

17 

15 

17,  18 

16,  17 

15,  16 
15,  16 

15 


64,  65 

64 

18,  19 

18 

18 
18 
18 
19 
18 
18,  19 
18 

18 
18 
18 


Auditor. 

appointment,  duties,  etc.,  .  .  166,  17 

compensation,  .....  14,  17 

report   of,    filing   with    auditor  of   common- 
wealth, ......  17 


Commission, 
alterations,  manner  of,  to  specify, 

performance  by  whom,  to  determine, 
appointment  by  superior  court, 

may  appoint  railroad  commissioners, 
compensation  included  in  cost,    . 


14,  15 
14 
13 
13 
14 


ABOLITION    OF    GRADE    CROSSINGS  — 

Continued. 
decision  returnable  to  superior  court, 

board  to  approve, 

without  hearing,  when,  . 
discontinuance  of  way,  as  to, 
duties  and  powers,     .... 
expense,  apportionment  by, 

limit  chargeable  to  city  or  town, 

repairs  of,      . 
grades,  to  specify,      .... 

change  of  railroad,  consent  of  board  pre 
requisite,  .... 

meetings  and  hearings, 
method  of  construction,  to  specify, 
railroad  commissioners  may  be  appointed, 

Damages. 

assessment  of;  costs, 

petition  for,  venue,  limitation,  etc.,. 

to  be  brought  within  one  year, 
payment  of,  primarily,  by  whom, 

cities,  etc.,  may  borrow  for, 
repayment  of  loan, 
private  way,  for  discontinuance  of, 

payment,  primary  liability  for, 

easement  in  land  adjoining, 
temporary  loans  by  cities  and  towns  for, 

application  of  repayments, 

limit  of  indebtedness,  excluded  from, 


Decree. 

of  court  to  constitute  a  taking,  etc., 
filing  with  county  commissioners, 
with  auditor  of  commonwealth, 
recorded  in  registry  of  deeds, 
without  payment  of  fee, 

Engineer. 
state,  to  examine  plans, 

Expense. 
apportionment  of,      .  .  .  . 

maximum,  payable  by  city  or  town, 

private  ways,  in  case  of, 

several  railroads,  between, 
certificate  of  board,  .         .         .       1 
commonwealth,  proportion  payable  by 

annual  limit ,  total. 

bonds,  sale  of.  authorized, 
application  of  proceeds, 

not  to  be  assessed,  when, 

sinking  fund, 
payment  of,  decrees  for, 


15 

20 
206 

15 
14,  15 
14,  15 

14 
16,  17 

15 

15 
14 
15 
13 


16 

16 
16 
16 
20 
21 
16 
16 
16 
20 
21 
21 


15 
15 
15 
15 
126 


10, 


126 


It 

II 

II 

14 

20,  206 

14 

10,   20 

10.  20 

20 

M 

19 

17 


190 


INDEX    TO    RAILROAD    LAWS. 


ABOLITION    OF    GRADE    CROSSINGS  — 
!  tded. 

town's     proportion,     primarily     payable     by 
slate, 

repayment  as  part  of  state  tax, 
transfer  of  credits  to  loan, 
reimbursement  of  expense, 

for  plans. 

Proceedings. 

appointments,  decrees,  etc.,  in  any  county 
attorney  general,  etc.,  to  appear  for  state, 
decree,  effect  of,  ...  . 

decree,  taking  of  land  to  constitute,  when, 

deemed  to  be  taken  by  whom, 

filing  and  record,    .... 
enforcement  of  laws  regulating, 
petition,  by  whom  filed,  contents, 

consolidation  of  two  or  more, 

entry,  notice  of,  to  railroad  commission- 
ers, ..... 

several  crossings,  may  include, 

several  railroads,  may  include,  when, 
precedence,  decision  as  to, 
report  of  commission  to  court,     . 

board  to  approve, 

without  hearing,  when, 

may  be  filed  without  pa\Tment  of  fee, 
service  of  notice,  etc.,  on  commonwealth, 

Street  Railways. 

location  changed,        .... 

to  contribute,  when, 

stock  or  bonds  for,     .... 

reimbursement,  when,  how  expended, 
auditor.    ...... 

party  to,  may  petition, 

ABSTRACTS. 

and  tables  from  annual  returns,  . 

ACCESS. 

to  private  land,  .... 

ACCIDENTS. 

defective  notices,  correction  of, 
investigation  by  board, 

by  inspector, 
inquest  in  case  of  death,     . 
notice  of;   omission,  penalty, 
reports  of, 
to  employees,    ....        80,  80d 

ACCOMMODATIONS. 

for  passengers,  etc.;  reasonable,, 
connecting  road-;,  on, 
withholding,  penalty, 

ACCOUNTANT    OF    BOARD, 
appoint  nit'iit .  dut ies, 
compensation,  ..... 

ACCOUNTING    OFFICER. 

to  swear  to  annual  returns,  .  , 

ACCOUNTS. 

failure  to  submit,        .... 
See  Corporate  Matters. 


15 


17 

1  1 
15 
15 
16 
15 
17 
>,  13 
13 

13 
13 
13 
20 
15 
20 
206 
126 
14 


15 
14 
15 
14,  15 
17 
12 


711 


113 
9 

24 
27 

26,  27 
115 

81,  82 


84 

33,  103 

84 


115 


10 


8 
88 


.  44,  45 


ADDITIONS. 

to  rolling  stock,  suggestions. 

to  appliances,  may  be  required,  . 

ADMINISTRATORS. 

may  vote  as  stockholders  on  stock  held, 

ADVICE. 

of  board  not  to  relieve  corporate  liability,     .  9 

AGREEMENT. 

as  to  route,        ......  40 

as  to  grade  crossing  abolition,  filing,    .           .  18 

approval  by  board,          ....  IS 

damages,  assessment.      ....  IS 

expense,  apportionment  of.      .           .           .  18 

amount  payable  by  commonwealth,       .  19 

force  and  effect  of,           .          .          .          .  18 

AGREEMENT     OF     ASSOCIATION.      See 

Corporate  Matters. 

ALDERMEN. 

of  Boston,  jurisdiction  of,             ...  35 

board  of,  definition,  .....  35 

complaints  to,  appeal  tq  board,  .  .  8,  9 
may   petition   for  examination   of   railroad, 

etc 8,  9 

may  petition  for  special  grade  crossing  aboli- 
tion commission,       .           .           .           .  12,  13 
may  petition  as  to  alteration  of  crossings,     .  11 

ALIGNMENT. 

change  of  location  to  improve,    ...  56 

ALTERATION. 

in  course  of  canals,    .....  68 

of  crossings.     See  Crossings,   Alteration 

of. 
of     grade     crossings.     See     Abolition     of 

Grade  Crossings. 

ALTERATION    OF    CROSSINGS. 
In  General. 

abolition  and  alteration,  distinction,    .  .  20,  66 

appeal  from  county  commissioners,      .  .  70 

how  perfected,  .  .  .  .  70,  71 

authorities  to  apply  for,     .  .  .  .11 

betterment  laws  to  apply  to,        .  .  .  12 

bridges,  rebuilding,  etc.,  ....  10c 
Boston,  jurisdiction  of  board  in,  .11 

in  whole  or  in  part,  .  .  .  .11a 

damages  for  alteration,       ....  11 

expense  of  alterations,         .  .  .  .11 

general  highway  law.  applicable,  .  .  12 

railroads,  two,  proceedings  at  crossings  of,  .  64,  65 
recovery  of  proportionate  cost,   ...  12 

taking  land  for  alterations,  .  .  .  11 

temporary  street  railway  locations  for,  .      1226 


County  Commissioners. 

jurisdiction  of,  .... 

duties  further  defined,    . 

in  Boston,  board  to  act, 

in  whole  or  in  part, 
appeals  from,  to  railroad  commissioners, 

how  perfected,  '  . 

heard  in  county,  unless, 

waiver  of,      . 
costs,  payment  of,      .  .  .  . 

hearing,  decision,  etc., 


10c 


11 
11a 
11 
11a 
70 
70.  71 
71 
71 
11 
11 


I.NDKX    TO    RAILROAD    LAWS. 


191 


ALTERATION  OF  CROSSINGS  —  Concluded. 
Special  Commission. 

appointment  of, 

award  and  apportionment, 

appeal  to  a  jury, 

decree  and  award  to  be  final, 

equity  jurisdiction  to  enforce 
qualifications  of  members,. 
railroad  commissioner,  one,  to  be  a  member 

of 

written  award,  return  of,    . 

Street  Railway  Companies 
share  expense, 

as  to  approaches,  etc., 
may  ask  for  commission, 
percentage  of  cost,  etc., 
temporary  locations, 

AMENDMENT, 
of  defective  returns, 

AMOUNT    OF    STOCK. 

per  mile, 


12 
11,  12 
12 
12 
12 
11,  12 

12 

12 


11 

11,  12 

12 

11,  12 

1226 


10,  116 


38,  39 


ANIMALS. 

barriers  against,  non-erection,  penalty 

driving,  on  track,  . 
illegal  transportation  of, 

confinement  restricted,    . 

penalty  for  violations, 

unloading  for  food,  water,  etc 

ANNUAL. 

choice  of  directors,    . 

examination  of  books  and  accounts, 

ANNUAL    MEETINGS. 
place,  proceedings,  etc., 

ANNUAL    REPORT. 

of  board,  to  general  court, 
date  of  submission, 
expenditures,  statement  of,  in 
number  of  copies, 
printing,  distribution, 
reasons  for  certain  non-approvals  in 
suggestions  of  changes,  etc.,  in, 

See  Annual  Returns. 


63 

110 

95,  96 

95 
95,  96 

95 


ANNUAL    RETURNS. 

to  board,  .....         115,  116 

treasurer  to  swear  to,      .  .  .  .115 

See  Returns. 
to  tax  commissioner.     See  Taxation. 

ANOTHER    RAILROAD. 

grade  crossing  over,  .....  65 

engines  stopped  within  500  feet,  .  .  75 

regulations  as  to,  by  board,         ...  75 

APPEAL. 

from  Boston  aldermen,        ....  35 

from  county  commissioners,         ...  70 
as   to   embankments,   fences,    etc.,    none, 

when,     ......  63 

in  crossing  alterations,    ....  70 

from  special  commissioners,  alterations,         .  12 

from  valuation  of  assessors,          .          .          .  104 
See  Taxation. 


APPLIANCES. 

in  cars,  additional,     .... 
failure  to  provide,  penalty, 
for  freight  trains,  neglect, 

APPLICATION. 

damages,  for,  within  one  year,     . 
repairs  on  bridges,  for, 
removal  of  obstructions  at  crossings,   . 
of  statutes  as  to  railroads, . 

existing,  subject  to  general  law, 

foreign,   by  concurrent   legislation,   rights 
etc.,        ..... 

lessor  operating,  subject  to  general  law, 

special  charters,  how  affected, 

trustees  operating,  subject  to  general  law 

APPOINTMENT. 

of  board,  number,  etc., 

of  crossing  alteration  commissioners.    . 

of  grade  crossing  abolition  commissioners, 

APPORTIONMENT. 

expenses,  of  board,  of.         . 
alterations  of  crossings,  for, 
maintenance,  separated  crossings,  for. 
expense,  crossings  separated  by  agreement, 
separated  by  special  commission, 
between  several  railroads, 


83,  88 
83 
83 


e>_' 


68 
36 
36 

36 
36 
36 
36 


3,  4.  5 
12 
13 


5 

11 

16.  17 

18 

16,  17 

16,  17 


APPORTIONMENT 

Taxation. 


OF      TAXES. 


See 


APPRAISALS. 

of  property,  stock  or  bond  issues, 

APPROACHES. 

in  alteration  crossings,  street  railways  to 
contribute,       ..... 

APPROVAL. 

by  board,  of  bond  issues,    .  .  .       47. 

of  stock  issues,        ..... 

See  Abolition  of  Grade  Crossings;  Cor- 
porate Matters;  Location  and 
Construction. 

ARREST. 

of  passengers  without  warrant,  when, 
detention  of,  . 


51,  52 
51,  52 


112 
23 


ASSAULTS. 

on  employees,  penalty, 

ASSESSMENT. 

of  damages,  alteration  crossings, 
by  county  commissioners, 
pending  suits.  .... 

of  damages,  grade  crossing  abolitions, 

of  taxes.     See  Taxation. 

ASSESSMENTS. 

on  shares  of  stoek,     .... 
sale  of  stoek  for  non-payment  of. 

ASSIGNEE. 

liability  for  obstruction  by  trains, 

ASSISTANT    CLERK. 

of  board,  duties,  etc.,  .  .  •  3,  4,  5 


30 


11 
58 
61 
16 


46 

46 


78 


192 


INDEX    TO    RAILROAD    LAWS. 


ASSOCIATES. 

number  and  qualifications,  .  .  .  38,  39 

authority  of,  etc.,       .....  38 

See  Corporate  Matters. 

ASSOCIATION,     AGREEMENT     OF.     See 
Corporate  .Matters. 

ASSUMPTION    OF    RISK. 

by  employees,  restricted,    .  .  .  80,  806 

ATTACHMENT. 

of  cars,  etc.,      ......  26 

forbidden,  unless,  etc..         ....  26 

crossings,  to  prevent  illegal,         ...  65 

grade  crossings,  for  abolition  of,            .           .  13 

obstruction  by  freight  trains,  to  prevent,.  78 

discrimination,  to  enforce  penalties  for,         .  94 

merchandise,  to  enforce  transportation  of,    .  94 

penalties,  actions  by,  to  recover,           .           .  94 

platform  gates,  to  enforce  requirements  as  to.  83 

safety  couplers  on  freight  trains,  as  to,          .  79 
stations,  to  prevent  abandonment,       .           .  73,  74 

stock,  etc.,  issue,  to  enforce  laws  as  to,          .  52 

ATTORNEY    GENERAL. 

to  proceed  against  railroads,  when.       .  .  8 

to  appear  in   grade  crossing  abolition  pro- 
ceedings, .  .  .  .  .14 
may  appoint  engineer  to  examine  plans.  126 
information    by,   as   to   illegal   crossings   by 

railroads,  .....  65 

as  to  abandonment  of  stations,  .  .  73,  74 

as  to  diminished  accommodations,    .  .  73,  74 

application  to  supreme  court  as  to  trains  at 

crossings,  etc.,  ....  78 

as  to  safety  couplers  on  freight  trains,       .  79 

to  recover  penalties  for  violation  of  laws  as 

to  equipment,  etc.,  ...  80 

for  failure  to  use  platform  gates,       .  .  83 

as  to  transportation  of  merchandise,  .  94 

may  apply  to  supreme,  etc.,  court  as  to  stock 

and  bond  issues,       ....  52 

AUCTION. 

stock  sales  at,  when,  ....  53 

AUDITOR. 

in  grade  crossing  abolition  cases, 
report  of,  filing, 

AUDITOR    OF    COMMONWEALTH. 

grade  crossing  abolition  decree,   to  be  filed 

with 15 

agreement  for  abolition,  to  be  filed  with,  18 

to  determine  annual  payments  by  cities  and 

towns,  etc.,      .....  17 

computation   of  annual   payments  by  com- 
monwealth,     .....  19 

AUTHORITIES.     See  Local  Authorities; 
Cities;  Towns. 


AUTHORITY. 

of  associates  for  formation  of  corporat 

of  board  to  supervise,  etc., 

for  bond  or  stock  issues, 

for  stock  holding  by  corporations 

for  locating  crossings, 

to  give  mortgages,  etc.. 

See  Railroad  Commissioners 


166,  17 
17 


tion,    . 

38 

7 

.      51,  52, 

53 

50 

.       17,  18, 

65 

■17 

AUTHORIZATION. 

of  location  and  construction, 
of  recovery  for  negligence, 
for  grade  crossing  abolition, 

AUTOMATIC    COUPLERS. 

for  freight  cars, 

AUTOMATIC    SIGNALS. 

at  overhead  crossings,  as  to, 

AVOIDING    DAMAGES. 

by  change  of  location, 

AWARDS. 

in  crossing  alterations, 
to  be  final,     . 

B. 

BADGES. 

employees,  for,  penalty, 
railroad  police  officers,  for, 

BAGGAGE. 

bicycles  as,        . 

checks  to  be  furnished,  penalty, 
injuring  or  destroying, 
unclaimed,  sale,  etc., 

penalty  for  neglect  of,     . 
storage  of,  no  charge  for,  when, 


BANKS. 

savings,  investment  in  bonds  of, 

selling  tickets  to  foreign  countries,  bond, 

BARRIERS. 

against  animals,  non-erection,  penalty, 

BEASTS. 

on  track, ...... 

BELL    RINGING. 

at  crossings,      ..... 
regulation  by  board, 

BETTERMENT    LAW. 

to  apply  to  alteration  crossings, 


.  53,  54 
.  27,  28 
.  14,  15 


79 


77 


59.  60 


11.  12 
12 


84 
23 


89,  90 
90 
90 
90 
91 
90.  906 


52c 


63 


110 


12 


BICYCLES. 

as  baggage.        ......  89,  90 

BLOCK    SIGNALS. 

to  be  maintained,  if  board  shall  require,        .  7 

equity  jurisdiction  to  enforce,  .  .  7 

BLOCKING. 

frogs,  neglect,  penalty.        ....  74 

guard  rails,  neglect,  penalty,        ...  74 

switches,  failure,  penalty,  ....  74 

BOARD,  THE.     See  Railroad  Commission- 
ers. 

BOARDS    AND    COMMISSIONS 

appointment,  duties,  reports,  etc.,        .  .  3,  4,  5 

BOARD'S    AUTHORITY. 

scope  of  statutory  provisions  as  to,      .  .  8 


INDEX    TO    RAILROAD    LAWS. 


193 


BOILERS,    LOCOMOTIVE. 

regulations  for  testing, 
on  private  railroads, 
not  testing,  penalty, 


S3,  83o  84 

83a 

84 


BOND. 

not  to  be  required  from  employees,      .  .  85 

from   firms,    etc.,   selling   tickets   to  foreign 

countries,         .....  88,  89 

BONDHOLDERS. 

election  of  trustees  by,  when,      ...  49 

annual  report  of  trustees  to.         ...  49 

calling  of  meetings  by,        ....  49 

meeting,  annual,  of;   notice,         ...  49 

notice  of  trustees'  contracts  to.  .  .  .  48,  49 
proxy  voting  by,  .....  48 
rights  of 48,  49 

BOND    HOLDING. 

in  other  corporations  regulated,  .  .  50 

BONDS. 

approval  of,  by  stockholders,       .           .           .  47.  52 

by  board,       .          .                     .          .          .  51,  52 

binding  and  collectible  at  law.  when.  .           .  48 
cash    premiums,   par   value,    may   be   com- 
puted,   ......  47a 

connecting  roads,  guarantee  by, ...  50 

exchange  of,  not  to  affect  mortgages,              .  48 

grade  crossing  abolition,  etc.,  for,          .           .  47 

mortgages,  secured  by,       ....  48 

other  corporations,  of,         ....  50 

registered,  regulations  as  to,        .          .          .  48 

savings  banks,  investment  in,      .           .           .  52c 

steamship  companies,  guarantee  by.    .           .  50 
See  Corporate  Matters. 

BONDS    OF    COMMONWEALTH. 

for  abolition  crossings,         .  .  .  .  19,  20 

sinking  fund,  .....  19 

BOOKS. 

to  be  kept  in  uniform  manner,    .           .  .  9,  115 

directors  may  request  examination  of,  .            9 

non-submission  of,     .           .           .           .  .          10 

BOOKS  AND  ACCOUNTS.  See  Corporate 
Matters;  Railroad  Commission- 
ers. 

BOOKS    AND    RETURNS. 

uniform  system,         .  .  .  .  .  9,  115 

publication  of  statements.        ...  9 

See  Corporate  Matters;    Railroad  Com- 
missioners; Returns. 

BOSTON. 

jurisdiction  of  aldermen  in,  35 

appeals  to  railroad  commissioners,  .  .         35 

application  for  juries  in,  how  made,  .  .  35,  36 

exception  as  to  leases,  contracts,  etc...  33,  103 
cheap  morning  and  evening  trains,   to  and 

from,      .           .           .           .  .  .91 

damages,  provisions  for,  in,  35 

jurisdiction  of  board  as  to  locations  in,  .          35 

as  to  alteration  of  crossings  in,  .  .          11 

in  whole  or  in  part,      .           .  .  .11a 

operation,  regulation  by  aldermen.  .  .          35 

workingmen's  trains,  to  and  from,  .  .          91 


BOSTON    TERMINAL    COMPANY. 

unauthorized  riding  upon  cars,  etc.,  of,       110,  1106 
loitering  in  station  of,  .  .  .110 

supervision    of    stations    and    premises    by 

board,     ......  8 

of  operation  of  trains  by  board,        .  .  8 

BRAKES. 

and  brakemen,  .....  79 

insufficient,  penalty,  ....  79 

BRANCHES. 

capital  stock  for,  certificate,  etc.,  .  .         71 

increase  of  stock  to  build,  ...  47 

.    prior  conditions,         .....  53,  71 
subscription  for  shares  in.  ...  50 

See  Location;  Corporate  Matters. 

BRIDGE    ENGINEERS. 

expert,  appointment  of,  duties,  .  .  .    4.  25 

BRIDGE    GUARDS. 

approval  by  board,    .  .  .  .  .  74,  75 

neglect,  penalty,         .....  74,  75 

BRIDGES. 

alteration  of.     .  .  .         10c,  11,  68,  69,  1226 

alteration  of  crossings  law.  to  apply,  when,  68,  69, 

1226 

rebuilding,  etc., 
examination  of.  bv  experts, 
guards  for,  penalty  for  neglect.   . 
height,  construction,  etc.,  . 
new  bridges,  examination,  report, 

drawings,  prints,  etc., 
overhead,  height  of, 
repairs,  application,  obligation,  damages, 

space  under,  regulated, 
ways  over  and  under, 


10c 

.    4,  25 

.  74,  75 

.  65,  66 

25 

25 

.  65,  66 

es, 

.  16.  17, 

68,  69 

.  65,  66 

.  65,  66 

BRIDGING. 

to  be  indicated  on  map  of  route, 


39 


BUILDINGS. 

taken  outside  route;    consent  of  town  pre- 
requisite, .....  56 

BURIAL    GROUNDS. 

layout  over,      ......  54,  55 

location  over,  prohibited  except,  .  .  51.  55 

consent  of  town,  parish,  etc.,  prerequisite,    .  55 


c. 

CANALS. 

alteration  in  course  of, 
damages,  payment, 

CAPITAL. 

additional,  for  branches, 
increase  of;   certificate, 
illegal  increase;   penalty, 
illegal  issue;   penalty, 
issue  of,    . 
of  foreign  railroads,  . 

CAPITAL    STOCK. 

duties  of  directors  as  to, 
preferred,  issue  of, 
reduction  of;  certificate, 


68 
68 


71 

42,  47,  52 

47 

52 

.  51,  52 

.   118 


46,  47,  51a 

526 

.  39.  42 


19J: 


INDEX    TO    RAILROAD    LAWS. 


CAPITAL    STOCK—  Concluded. 

shares,  price  of,  stockholders  to  fix,      .  .        506 

time  for  subscription,      .  .  ...       51a 

subscription  and  payment  before  locating,    .  53 

See  Corporate  Matters. 


CARS. 

ai  tachment  of, . 

26 

breaking  and  entering, 

112 

disorderly  conduct  in. 

112 

expectoration  in, 

111.  Ilia 

Kilning  on, 

112 

heating,  neglect  of.  penalty. 

83 

lighting,  by  naphtha,  etc.,. 

83 

machinery,  etc.,  considered, 

when. 

81 

obstruction  of,  penalty. 

111,  112 

obstruction  by, 

78 

stealing  from,  penalty. 

112 

See  Rolling  Stock. 

CASH    PAYMENT. 

for  new  shares  of  stock,      ....  52,  53 

CATTLE    BARRIERS.     See    Location 
(Fences). 

CEMETERIES.     See  Burial  Grounds. 

CERTIFICATE. 

of  board,  as  to  locations,  filing  of,  fee,  .  53,  54 

branches,  as  to,  filing  of,  fee,   .  .  .  71 

crossing  abolition,  as  to,  ...  20 

without  hearing,  when,  .  .  .        206 

gauge,  change  of,   .  .  .  .  .42 

incorporation,  as  to,         ....  41,  42 

for  foreign  countries,   .  .  .  .118 

of  board,  land  damages,  as  to,  provision  for,  41 

public  convenience,  of,    .  .  .  .  39,  40 

of  compliance,  with  laws  as  to  incorpora- 
tion,       ......  41 

routes,  as  to,  deposit  of,      .  .  .  .  41 

in  cities  or  towns,  on  appeal,   ...         40 
stock,  issue,       ......  45 

lost,  replacement,  etc.,    ....         46 

stock,  increase,  as  to,  .  .  .  .  42 

reduction,  as  to,     .....         42 

stock  payment  before,         ....  41 

See  Corporate  Matters. 

CHANGE. 

of  name,  board  may  authorize,    .  .  .        108 

See  Name. 

CHANGE    OF    LOCATION. 

after  land  taking,        .  .  .  .  .  59.  60 

avoiding  damages  by,  ....  59,  60 

See  Location. 

CHANGES. 

and  improvements,  board  may  suggest,         .  8 

in  fares,  board  may  suggest,         ...  8 

1 1  ure  may  revise,     .           ...  88 

in  rolling  stock  and  stations,        ...  8 

CHARTER. 

granted  by  concurrent  legislation,         .  .  36,  37 

provisions  of  act   to   be  an   alteration   or 

amendment  of,          ....  36 

publication  of  petition  for,            ...  37 

petition  deposited  with  secretary,     .           .  37 

locations  under  special,       ....  38 


CHARTER  —  Concluded. 

unauthorized  increase  of  capital  stock,  for 

feiture  for,       .... 
validity  of  special  powers  not  impaired  by 

general  law,     .... 
See  Corporate  Matters;    Special  Char 

ter. 
special;  action  upon  petition;   notice, 
contents,  terms  and  specifications,    . 
location  and  construction  under,       .      38 
maps,  estimates,  etc.,  to  go  with  petition, 
plans,  etc.,  deposit  in  state  library, 
validity  of  special  powers  not  impaired  by 
general  law,     .  .  .  .  . 

See  Corporate  Matters. 

CHEAP    MORNING    TRAINS. 

and  evening,  to  furnish,      . 


47 
36 


37 

38 

53,  54 

37 


38 


36 


91 


CHILDREN. 

not  required  to  ride  in  smoking  cars,   .  .         92 

CITIES. 

may  borrow  for  payment  of  damages,  cross- 
ings, when,      .....  20,  21 

CIVIL    SERVICE    RULES. 

exemption  of  board's  experts  and  inspectors 

from,      ......  24 


CLAIMS. 

for  damages,  unsettled,  revivor  of, 

CLERK. 

choice  by  directors,   ..... 

must  be  resident  of  commonwealth, 
temporary,  how  chosen,      .... 
See    Corporate    Matters    (Agreement    of 
Association,  Organization). 


62 


43 
43 
39 


CLERK    OF    THE    BOARD. 

appointment,  duties,  salary,  etc., 
appeals    from     county    commissioners'     de- 
cisions to  be  filed  with, 
certificate  as  to  incorporation,     . 

precedent  to  construction, 

as  to  foreign  railroads,    . 

as  to  gauge,  change  of,    . 

as  to  locations,        .... 

as  to  branches,        .... 

as  to  land  purchased  outside  of  locations 

as  to  plans,  etc.,  of  locations, 

as  to  purchased  land, 

as  to  route,  on  appeal,    . 
filing  by,  of  grade  crossing  abolition  agree 
ments,    ..... 

CLOSING     DRAWBRIDGES.     See     Draw 

bridges. 

COLLISIONS. 

at  grade  crossings,  liability  for,  . 
loss  of  life  in,  ... 


3,4.5 

70,  71 

41 

54 

117 

42 

55-57 
71 
56 

56,  57 
56 
40 

18 


113 
113 


COLOR. 

or  race  discrimination,  prohibited,  penalty,         92 


COLOR-BLINDNESS. 

examination  for;  penalty. 


83 


INDEX    TO    RAILROAD    LAWS. 


195 


COMMISSION,    SPECIAL. 

for  crossing  alterations,       ....  11,  12 

See  also  Crossings,  Alteration  of. 
for  grade  crossing  abolition,         .  .  .   13-15 

board  may  be  appointed,  ...  13 

See  also  Abolition  of  Grade  Crossings. 

COMMON    CARRIER. 

not  liable  under  trustee  process;  when,         .         99 
See  also  Transportation. 

COMMON    OR   PARK. 

location  on,  forbidden,        ....  54,  55 

COMMONWEALTH. 

reservation  of  powers  to,    .  .  .  .36 

may  purchase  roads,  when,  ...  36 

may  take  roads  after  one  year's  notice,         .         37 
payments  for  grade  crossing  abolition,  pro- 
portion, ......  14 

annual  limit,  total,  .  .  .  .  19,  20 

bonds,  sale  of,  authorized,        .  .  .   19, 20 

application  of  proceeds,         ...  20 

not  to  be  assessed,  when,  ...  14 

sinking  fund,  .....  19 

purchase  by,  after  twenty  years,  .  .         36 

reserved  rights  unimpaired,  when,        .  .  36 

service  of  notice,  etc.,  on,   ....  13,  14 

taking  by,  after  year's  notice,      ...  37 

unclaimed  articles,  proceeds  of  sale  for,         .         90 
secretary  of.     See  Secretary  of  Common- 
wealth. 

COMMUTATION    TICKETS. 

issue  of 88,  886 

Boston,  Revere  Beach  and  Lynn,  exempted,  88,  886 

COMPENSATION. 

of   commissioners  for   grade   crossing  aboli- 
tion,      ......  14 

of   county   commissioners   in    location   pro- 
ceedings, .....  59,  60 

for  joint  use  of  roads,  ....  74 

revision  by  court,  ....  74 


COMPLAINTS. 

to  board,  authorities  may  make, 

investigation  by  board,  . 
by  employees,  defective  machinery,  etc. 

secrecy  of,      . 
grade  crossings,  as  to  obstruction  of,   . 
legal  voters  may  make, 

COMPLETION. 

of  branches,  limit  of  time  for, 

COMPLIANCE. 

with  laws  as  to  incorporation,  certificate, 
with  laws  preliminary  to  operation,  certificate, 

CONCURRENT    LEGISLATION. 

railroad  corporations  chartered  by, 
benefits,  entitled  to,  of  domestic  roads, 
liabilities,  subject  to,  of  domestic  roads. 
See  also  Charters. 

CONDITIONAL    SALES. 

of  rolling  stock,  .... 

record  by  secretary,  fee,  etc., 
title  to  vest  in  purchaser,  when, 

See  Rolling  Stock. 


8,  9 

8,  9 
9 
9 

78 


37,  38 

36 
36 


25,  26 
26 
25 


CONDITIONS. 

and  restrictions  at  grade  crossings, 


10,  11 


CONDITIONS    PRECEDENT. 

branches,  as  to, 
construction  over  ways,  as  to, 
grade  crossings,  as  to, 
land  taking,  as  to, 
locations,  etc.,  as  to. 


53,  54,  57,  58,  71 

.  66,  67 

.  66,  67 

.  53,  57 

53,  54,  57,  58 


See  Corporate  Matters;  Location. 


CONDUCT. 

disorderly,  in  trains. 


23,  29,  112 


CONNECTING    ROADS. 

accommodations  for  passengers,  freight,  etc.,        102 
annual  returns  to  contain  contracts,  etc.,     33,  103, 

115 
board  may  determine  compensation,  when,  102,  103 
bonds,  guaranty  of  each  others',  .  .  50 

Boston,  exception  as  to  leases  or  contracts,  33,  103 
chartered  by  other  states,  privileges  of,  .        103 

compensation  for  drawing  cars,  etc.,    .  .        102 

construction  of  term  "  connecting  railroads,"        103 
contracts  and  leases  between,      .  .    32,  33,  103 

copies  of  contracts,  deposit  with  board,         33,  103 
joint  use  of,  authorized,      .  .  .         101,  102 

leases  restricted  to  ninety-nine  years,  .       103 

milk  receipts  from,  ....        100 

regulation  of  tariff  between,         .  .         102,  103 

subscription  for  shares  in,  ...  50 


CONSENT. 

for  grade  crossings,    . 

CONSEQUENTIAL    DAMAGES. 

or  immediate,  provision  for, 


10,  65,  07 


41 


CONSERVATORS. 

may  vote  as  stockholders  on  stock  held,        .  44,  45 

CONSOLIDATION. 

of  two  or  more  petitions,  abolition  crossings,  13 

CONSOLIDATIONS. 

regulated,  ......  30 

approval  by  board,    .  .  ...  .30 

certificate  filed  with  secretary  of  state,  .  30 

restrained,  "merger  bill,"  ....  30-33 


CONSTRUCTION. 

in  grade  crossing  abolitions, 
under  charters, 
limit  of  time  for,  of  branches, 
of  railroads  over  or  under  ways, 
stock  payment  before, 
See     Grade     Crossings;      Location 
Construction. 

CONSTRUCTION    OF    ACT. 

continuation  of  existing  statutes,  etc., 

CONSTRUCTION    MATERIALS. 
injury  to,  .  .  .  .  . 

CONSTRUCTION,    METHOD    OF. 

in  grade  crossing  abolition, 

CONTIGUOUS    COUNTIES, 
jurisdiction  as  to  land  taken  in, 
damages  if  land  lies  in,   . 


14 

3S 

71 

65,  66 

41,  53 


::i 


110 


14,  15 


60 


19(3 


INDEX    TO    RAILROAD    LAWS. 


CONTRACTS. 

between  connecting  roads,  .  .    32,  33,  103 

board  to  approve,      .  .  .  .  .  30,  32 

copies  with  board,      .  .  .  .9,  33,  103 

not  invalidated  in  building  branches,  .  .  71 

to  operate  railroad,  by  trustees,  .  .  48 

notice  to  bondholders,    ....  48,  49 
with  express  companies,  copies  for  board,     .  9 


CORPORATE    FRANCHISE    TAX. 

See  Taxation. 

CORPORATE    LIABILITY. 

not  relieved  by  advice  of  board,  .  .  9 

CORPORATE    MATTERS. 

Agreement  of  Association. 

annexation  to  certificates,  ...  41 

associates,  number  and  qualifications,  .  38,  39 

authority  of,     .  .  .  .  .  .39 

capital  stock,  to  set  forth  amount  of,  .  38,  39 

certificate  of  incorporation   to   be   recorded 

with 41 

certificate  of  public  convenience,  .  .  40 

clerk,  temporary  appointment  of,  .  .  39 

first  meeting,  calling;  affidavit,         .  .  42,  43 

damages,  to  secure,    .....         41 
detailed  contents  of,  ....  38,  39 

directors  to  be  associates,  ....  39 

to  file, 41 

duties  of  directors  in,  ....         39 

foreign  countries,  to  build  in,       .  .  .        117 

gauge,  to  state,  .....  38 

change  of,      .  .  .  .  .  .39 

names  of  directors  in,  ....  93 

publication  and  posting  of,  39 

clerk's  certificate,  evidence  of,  .  .  39 

recording  of,      .  .  .  .  .  .42 

reduction  of  capital  stock, ....  42 

secretary  of  state,  filing,  etc.,  with,      .  .  41 

treasurer,  temporary,  appointment  of,  .  39 

void  unless  incorporation  within  one  year,    .  42 

Bonds  and  Notes. 

after  mortgages,  to  secure,  .  .  .  47,  48 

amount,  limits,  record,  etc.,         .  .      47,  4S,  52 

approval  and  certification  of,       .  47,  48,  51,  52 

bondholders,  rights  of,         .  .  .  .  48,  49 

cash    premiums,     par   value,    may    be  com- 
puted,    ......       47a 

collectible  at  law,  etc.,         ....  48 

connecting  roads,  guarantee  by,  .  .  50 

denominations,  term,  interest,  etc.,      .  .  47,  48 

floating  debts,  loans  to  secure,    ...  47 

increase  of,        .  .  .  .  .  .47 

issvie  of,  authority  for,         ....  47,  48 

amount  limited,      .....  52 

consent  of  commissioners;   proceedings,     .  51,  52 

expert  investigation  of  cost  of  property,   .  4 

proceeds,  application  of,  .  .  .51 

other  corporations,  of,  holding  of,  regulated,  50 

par,  issued  below,  binding,  ...  48 

registered,  issued  for  coupon,  when,     .  .  4S 

coupon  to  be  destroyed  after,  .  .  48 

mortgages,  etc.,  not  to  affect,  .  .  48 

savings  banks,  investment  in,  by,         .  .       52c 

steamship  companies,  to  guarantee,     .  .  50 

trustees,  possession,  operation,  etc.,     .  .  4S,  49 


CORPORATE    MATTERS  —  Continued. 
Books  and  Accounts, 
close  of,  annually,      .... 
corporate  records  to  be  at  principal  office, 

open  to  stockholders'  inspection, 
directors  may  request  examinations,    . 
examination  by  board,  annually, 
inspection  by  railroad  commissioners, 
legislative  committee  may  inspect, 
stock  and  transfer  books  to  be  kept  at  office 
open  to  stockholders'  inspection, 
competent  evidence  in  all  courts, 


penalty  for  refusal  or  neglect  to  exhibit,  10,  45,  46 


equity  jurisdiction  to  enforce, 
uniform  system,  .... 

See  Railroad  Commissioners. 


116 

45 

45 

9 

9 

9 

115 

45 

45 

45 


45,  46 
9,  115 


42,  47 


Capital  Stock, 
agreement  of  association  to  state, 
amount  required  per  mile, . 
assessments,  sale  for  non-payment, 
branches  and  extensions,  for, 
certificates  of  increase  and  reduction, 
elevators,  etc.,  increase  to  build, 
expenditure  to  insure  existence, 
grade  crossings,  increase  to  abolish, 
increase  of,  authorized;   certificate, 

approval  of  railroad  commissioners,  etc.,  . 
certificate  to  secretary  of  commonwealth 
within  three  days,  .... 
duplicate  to  corporation, 
time  for  subscriptions  for,  . 
expert  investigation  of  cost  of  property, 
issue  of,  amount  per  mile,  .  .  .  38,  39 

approval  of  railroad  commissioners,  decision,        51 
certificate  to  secretary  of  commonwealth 

within  three  days,    . 
duplicate  to  corporation, 
equity  jurisdiction  as  to, 
expert  investigation  of  cost  of  property, 
illegal  issue,  penalty  for, 
outside  state,  for  use,  no  approval, 
lost  certificates,  how  replaced, 

bond  may  be  required, 
auction,  sale  at,  when,    . 
branches,  etc.,  increase  to  build, 
cash  payment  for  new  shares, 
elevators,  for, 
general  court  to  authorize, 
illegal  increase,  penalty  for, 
new  shares,  stockholders  entitled  to 

notice  to  stockholders  of, 
par,  new  shares  for  not  less  than, 
preferred,      .... 
price  of  new  shares, 
stockholders  to  fix  price  of  shares 
sale  of  new  shares, 
subscriptions  for  shares,  time  for, 
narrow  gauge,  paid  up, 
payment  in,  before  certificate,  etc., 

(•(instruction  or  location,  before,  as  to 
reduction  and  certificate  of, 
returns  of,  to  tax  commissioner, 
transfer  of  shares, 

See  Taxation. 


38,  39 
38,  39 
46 
71 
42 
47 
42 
47 
,  52 
51 

51 

51 

51a 

4 


51 
51 
52 
4 
52 

51,  52 
46 
46 
53 
47 
53 
47 
47 
47 

52,  53 
53 
51 

526 
506 
506 

52,  53 
51a 

42 
41 

53,  54 
39,  42 

104 
45 


Certificate  of  Incorporation. 

issue,  form,  fee,  .  .  .  .  .  41,  42 

land  damages  to  be  secured,         ...  41 

limit  of  time  for  issue,         ....         42 


IXDKX    TO    KAILttOAD    LAWS. 


197 


CORPORATE    MATTERS  —  Gontinued. 
organization  to  follow  issue, 
original  or  copy  to  be  evidence, 
recording  with  agreement, . 

See  Charters. 


Corporate  Name. 


character  of, 
change  of, 


Directors. 

annual  choice  of,        . 

agreement  of  association,  etc.,  to  file, 

names  of,  given  in, 
associates  in  incorporating;   duties, 
authorized  number,  and  when  fixed,    . 
bonds,  registered,  regulations  as  to, 
books  and  finances,  may  request  examina 

tion,        ..... 
capital  stock,  duties  as  to, 

assessments  upon  shares, 

increase  of,  as  to,  . 

subscribers,  to  be, 
clerk  and  treasurer,  choice  by,     . 
crossings,  alteration  of,  may  apply  for, 

abolition  of,  may  apply  for,     . 
direction  and  immediate  government  in, 
duties,  powers  and  qualifications, 
fares,  rates,  etc.,  to  establish, 
first  meeting,  calling  by,     ... 
fixing  route,  duties  as  to,    . 
foreign  countries,  to  construct  in,  .         1 

grade  crossings,  agreement  to  abolish, 

petition  for,  .... 

leases,  making  by,      .... 
meetings,    within   or   without    the   common 
wealth,  ..... 

legal  without  notice,  when, 
president  must  be  a;  choice  by  board  of, 
returns,  annual,  to  board, 
shares,  penalty  for  illegal  issue  by, 
stock  dividends   issue  forbidden, 

liability  as  to,         . 
terms  of  office  of,       .... 
vacancies,  may  fill,  before  establishment. 


42,  43 
42 
41 


38 

108 


43 
41 
39 
39 
43 
48 

9 

46,  51a 

46 

53 

39 

43 

11 

12 

43 

.  39-43 

88 

.  42,  43 

.  39,  40 

17,  118 

IS 

18 

33,  103 

45 
45 
43 
115 
47 
47 
47 
43 
39 


Dissolution. 

application,  decree,  etc.,     . 

majority  in  interest  may  apply  for, 
continuance  for  winding  up, 
extinct  after,  to  be,  . 
receiver  may  be  appointed,  when, 

may  prosecute  and  defend  suits, 
appoint  agents,  etc.,    . 

to  pay  debts  and  distribute  surplus, 
surrender  of  certificate,  petition,  etc., 

publication  of  notice  may  be  required, 
return  to  secretary  of  commonwealth, 

Dividends. 

stock  dividends  forbidden, 

liability  of  directors  as  to, 
unclaimed,  publication. 


108, 


109 
108 
109 
109 
109 
109 
109 
109 
109 
109 
110 


47 
47 
46 


Fixing  Route. 

agreement,  etc.,  of  local  authorities,    .          .  40 

certificates,  deposit  of,         ....  41 

commissioners,  action  on  petition,  etc.;  costs,  40 


CORPORATE    MATTERS  —  Continued. 

map,  engineer's  report,  estimates,         .  .  39 

to  be  submitted  to  local  boards,        .  .  40 

variations  to  be  noted  on  map,  .  40 

spurs,  branches  and  terminals,    ...  40 

state  house,  within  three  miles  of,        .  .  54 

tracks  longitudinally  in  ways,      ...  40 
See  Railroad  Commissioners;     Location, 

ETC. 

Foreign  Countries. 

authorized  to  build  in,         .           .           .  .        117 

agreement  of  association,    .           .           .  .117 

capital,  increase  or  reduction  of,            .  .        118 

certificate  of  incorporation,  and  fee  for,  .        118 

purchase  of  other  roads,  steamships,  etc,  118 

subject  to  what  provisions,           .           .  .        117 

taxation  of,  returns,  etc.,   .          .          .  .119 

Gauge. 

agreement  of  association  to  state,         .  .  38 

associates  may  change,        ....  39 

conditions  as  to,  .  .  .  .42 

change  and  certificate  of,    .  .  .  .42 

commissioners'  duties  as  to  change,      .  .  42 

narrow  gauge,  capital  stock  in,    .  .  .  39 

change  to  standard,  proceedings  necessary 

to 42 

Meetings. 

calling  of,  notices,  etc.;   first  meeting,  .  42,  43 

annual  meetings,  place  and  proceedings,        .  44 

justice  of  peace  may  issue  warrant  for,  when,  44 

to  be  held  in  commonwealth,       ...  44 

proxy  voting;   limitations,.  ...  44 

special  meetings,  calling  and  date,        .  .         44 

voting  upon  shares  at,         ....  44,  45 
fiduciary  stockholders,  by,        .  .  .  44,  45 


Mortgages. 

authority  to  give, 

bonds,  prior,  secured  by, 

debts,  pre-existing,  to  secure, 
bondholders,  election  of  trustees  by,  when, 

annual  report  of  trustees  to,    . 

calling  of  meetings  by,    . 

meeting,  annual,  of;   notice, 

notice  of  trustees'  contracts  to, 

proxy  voting  by,    . 
default  in  performance;   proceedings 
exchange  of  bonds  not  to  affect, 
foreclosure,  duties,  etc.,  of  buyer, 
trustees,  election  by  bondholders,  etc., 

annual  report  to  bondholders,  etc, 

bondholders,  entitled  to  what  voice, 

confirmation  of  election  of, 

contracts  to  operate  railroad, 

equitable  jurisdiction  over, 

Officers. 

accounting   officer,    to   swear   to   annual    re 

turns,      ..... 
clerk,  chosen  by  directors,  oath, 
must  be  resident  of  commonwealth,  penalty 
general  provisions  as  to, 
president  must  be  a  director, 
special  meetings,  to  call,  when,   . 
stockholdings,  to  vote  on, 


47,48 
48 
48 
49 
49 
49 
49 

48,  49 
48 
48 
48 
49 
49 
49 

48,  49 
49 
48 
49 


115 
43 
43 

13 
43 

11 
44 


198 


INDEX    TO    RAILROAD    LAWS. 


CORPORATE    MATTERS  —  Concluded. 

treasurer,  choice,  bond,  etc.,        ...  43 
annual  returns,  to  swear  to,     .           .           .115 

bond  issues,  to  record,    ....  47 
changes   in,    certificate  to   commissioner  of 

corporations,  .....  43 

penalty  for  neglect,          ....  43 

Organization. 

first  meeting  of  incorporators,     .  .  .  42,  43 

called  by  directors,  ....  42 

time,  place  and  purposes  stated,        .  .  42 

notice  to  each  incorporator,      ...  42 

affidavit  of  clerk  as  to  notice  recorded,      .  43 

waiver  of  notice,    .....  43 

by-laws  to  be  adopted,    ....  43 

clerk  to  be  chosen,  ....  43 

must  be  resident  of  commonwealth,  .  43 

clerk  of  associates  to  make  and  attest  prior 

records,  .....  43 

election  of  directors,        ....  43 

Records. 

to  be  kept  at  principal  office  of  corporation,  45 

certificate  of  incorporation  to  be  with,       .  45 
copy,  attested,  of  agreement  of  association, 

with,       .           .....  45 

stock  and  transfer  books  kept  at  office,     .  45 

competent  evidence  in  all  courts,      .           .  45 
penalty  for  refusal  to  exhibit,.          .          .  45,  46 

prior,  to  be  attested,  etc.,         ...  43 

Returns. 

annual,  to  railroad  commissioners,       .  .  9,  115 

accidents,  etc.,  to  report,    .  .  .  .115 

connecting  roads,  to  contain  contract,  etc.,  .  103 
contract,  leases,  etc.,  to  contain  copies,  103,  115 
form  to  be  prescribed  by  board,.  10,  115,  116 

amendment  of  defective,  .  .  10,  116 

lessor  and  lessee,  by,  .  .  .  .116 

penalties  for  failure,  .  .  .  .116 

quarterly  statement;   public  inspection  of,    .        116 

Stockholders. 

assessment  of,  proceedings,  etc.,            .          .  46 

bond  issue,  approval  by,     ....  47 

leases,  approval  by,  .....  103 
lists  of,  board's  access  to,  .           .           .           .9,  10 

for  tax  commissioner,      .           .           .         103,  104 

new  shares,  subscriptions  for,      ...  53 

price  of,  to  fix,        .....  506 
may  apply  to  supreme,  etc.,  court  as  to  stock 

and  bond  issues,       ....  52 

proxy  voting,  limitations,             ...  44 

special  meeting,  may  request,      ...  44 

stock  dividends  forbidden,            ...  51 

unclaimed  dividends,  publication,         .           .  46 

votes  of,  at  meetings,           ....  44 

Transfer  of  Shares. 

attachment  not  to  defeat  title,  etc.,     .  .  45 

delivery,  record,  etc.,      ....         45 

CORPORATE    NAME. 

character  of,  .  .  .  .  .38 

change  of,  .....  .        108 

See  Name. 


CORPORATIONS. 

subject  to  railroad  laws,     ....  36 
commissioner  of,  notice  to,  of  change  of  offi- 
cers,       ......  43 

COSTS. 

of  location,  petition,  .  .  .      40,  59,  60 

payment  of,  alteration  crossings,           .           .  11 

recovery  of,  proportionate,       ...  12 

reimbursement,  in  damage  suits,           .          .  16 


COUNTIES,    CONTIGUOUS. 

damages  if  land  in,    . 

COUNTY    COMMISSIONERS. 
In  General. 

Boston,  jurisdiction  devolved  as  to, 
fences,  construction  on  order  of, 
order  final,     .... 
free  pass,  penalty  for  accepting,  etc., 

Crossings. 

at  grade,  determination  of, 
abolition  of,  filing  decree  with,    . 

agreement,  filing  copy  with,  etc., 
alterations,  jurisdiction,  proceedings,  etc., 
appeal  to  railroad  commissioners, 

bridges,  rebuilding,  etc., 

how  perfected,    . 

heard  in  county,  unless, 

waiver  of, 
costs,  payment  of, 
damages,  assessment  of, 
duties  further  defined,    . 
equity  jurisdiction,  as  to, 
expenses,  apportionment  of, 
in  Boston,  board  to  act, 
in  whole  or  in  part, 
special  commission,  to  ask  for, 
change  of  course  of  ways, 
consent  to  making, 
lay-out  of  ways  across,  . 
obstructions,  to  remove, 

original  jurisdiction  as  to, 
private  land,  severed,  etc.,  as  to, 
raising  or  lowering  of  ways,  as  to, 
repairs,  to  order,    . 
safeguards  for  rails  at,    . 
standing  wood,  removal  of, 

damages,  appeal, 
ways,    construction    over,    to    fix    mai 

ner,  ..... 

Damages. 

assessment  by, ..... 

change  of  route  to  avoid  serious, 

contiguous  counties,  if  land  in,    . 

discontinuance  of  proceedings,  no,  except, 

different  interests  in  land, 

limit  of  time  for,         .... 

mortgaged  land,  in  case  of, 

pending  suits,  assessment  when, 

petition,  time  for  filing, 

quashing,  etc.,  of  proceedings,  practice  on, 

revivor  of  unsettled  claims, 

security  for,  costs,      .... 

tender  to  owner  on,  .... 

warrants  of  distress,  execution,  . 


00 


11 

63 

63 

.  91.  92 


67 

15 

18 

,  11 

,  71 

10c 

,  71 

71 

71 

11 

11 

11a 

69 

11 

11 

11a 

12 

66 

66 

67 

68 

69 

70 

66 

68 

66 

78 


Kir, 


67 


58 

59 

60 

62,  63 

60,  61 
58 

61.  62 
62 
58 
62 
62 
58 
58 
58 


INDEX    TO    RAILROAD    LAWS. 


199 


63 
63 
63 


57,  5S 

59,  60 
55 
56 
56 
56 


COUNTY    COMMISSIONERS—  Concluded. 

Embankments. 

culverts,  etc.,  may  order,    .... 

do  appeal  from,  as  to,  .... 

remedy  and  damages  for  non-compliance,     . 

Locations. 

authorized  lay-out  and  location  by, 

compensation    on    hearing    on    change    of 

location,  .... 

filing  of  location  with,     . 
purchased  land,  of,      . 
outside  limits,  filing  location;   proceeding 
variations  in  location,  filing,    . 

Taxation. 

appeal  to,  from  local  determination  of  value, 
See  Taxation. 

COUPLERS. 

safety,  on  freight  trains,     .... 

COUPONS. 

in  mileage  books,  detachment  of, 

COURSE    OF   WAYS. 

change  of,  ...... 

COURT. 

.See  Supreme  Judicial  Court;    Superior 
Court;  Probate  Court. 

CREDITS. 

transfer  of,  to  loan,  crossing  abolitions, 

CRIMES    BY    AND    AGAINST. 
In  General. 

accidents,  omission  to  give  notice  of 
annual  return,  neglect  of,  . 
baggage,  injuring  or  destroying,. 

checks,  not  furnishing,    . 
boilers,  not  testing,    . 
books,  non-submission  of, 
brakes,  insufficient,    . 
breaking  and  entering  cars, 
bridge  guards,  omission  or  destruction  of, 
burial  grounds,  lay-out  over, 
crossings,  failure  to  stop  at, 
dead  bodies,  illegal  carriage  of,    .  .  .  96 

disorderly  conduct  on  cars;   penalty,    .  .        112 

drawbridges,  violations,  obstructions,  etc.,    .  73 

engines  or  cars,  obstruction  of,    .  Ill,  112 

negligence  in  management,       .  .  .113 

fencing  track,  neglect  of,    .  .  .  .63 

free  passes,  issue  to  state,  etc.,  officers,  .         91 

forgery  of,     .  .  .  .  .  .89 

fire  safeguards,  omission  of,  83 

frogs,  switches,  not  blocking,       ...  74 

gaming  on  cars;   penalty,    .  .  .  .112 

gates,  platform,  failure  to  provide,       .  .  83 

at  crossings,  failure  to  provide,  .  .  77 

guard  rails,  not  blocking,    ....  74 

heating  cars,  neglect,  ....  83 

lighting  by  naphtha,  ....  83 

milk,  not  receiving,  connecting  roads, .  .        100 

mufflers,  failure  to  use,        ....  84 

private  crossings,  not  closing  gates  at,  .        110 

return,  quarterly,  failure  to  make,        .  .        116 

road  bed,  injury  to  construction  materials,  .        110 


I'd 


26,  27 
116 
90 
90 
84 
10 
79 
112 

74,  75 
55 


CRIMES    BY    AND    AGAINST  —  Continued. 

safety  appliances  for  freight  trains,  neglect 

of 83 

shares,  illegal  issue  of,  ...  .  47,  52 

signals,  injury,  etc.,  of,        .  .  .  .29 

signboards,  failure  to  erect,  ...  77 

stations,  loitering  around,  .  .  .        110 

stealing  from  cars;   penalty,         .  .  .112 

stock,  illegal  issue  of,  ...  .  ~<2 

illegal  increase  of,  ....  47 

switches,  safety,  failure  to  use,    .  .  .         71 

switches,  not  blocking,        ....  71 

tools,  failure  to  provide,      ....  83 

tampering  with,      .  .  .  .  .112 

uniforms,  neglect  of,  ....  84 

weekly  payments,  non-payment  of,      .  .  86 

Animals. 

barriers  against,  non-erection  of, 
driving,  etc.,  on  track, 
illegal  transportation  of,     . 


63 

110 

95,  96 


Capital  Stock. 


illegal  increase, 
illegal  issue, 


Cars. 

disorderly  conduct  on, 

expectoration  in, 

gaming  on, 

not  heating, 

obstruction  of,  etc.,   . 

riding  upon,  without  authority, 

stealing  from,    . 

Crossings. 

gates,  flagmen,  signals,  as  to, 
private,  not  building, 
signboards,  as  to, 


Employees. 

assaults  on;   interference  with,     . 
color-blindness,  non-examination  for, 
negligence,  etc.,  of,  causing  injury, 
uniforms,  badges,  etc.,  neglect  as  to, 

Forgery. 

of  tickets  or  passes,   . 

stamp  of  ticket  agent,  etc.,  of,     . 

Gates. 

at  private  ways,  not  closing, 
or  Hags,  for  neglect  of, 

Grade  Crossings. 

gates  or  flags,  neglect  as  to, 
omitting  stops  at,       . 
unreasonable  obstruction,  etc.,    . 


47 
52 


112 

111,  Ilia 

112 

83 

111,  112 

110 

112 


30 

85 

113 

84 


89 

89 


110 

77 


78 


Life. 


endangerment  of, 
loss  of,  negligent, 


Merchandise. 

discrimination  between  shippers  of, 
illegal  transportation,  etc, 
milk,  non-forwarding,  etc., 


112 
27,  28,  113 


.  93,94 
94 

100 


200 


INDEX    TO    RAILROAD    LAWS. 


CRIMES    BY    AND    AGAINST 

Negligence, 
at  crossings, 
injury,  loss  of  life,  causing, 


1/ 


-  Concluded 


77,  113 
.  27  29,80-82,  113 


Passengers. 

arrest  of,  without  warrant,  when, 
baggage  checks,  not  furnishing  to, 
baggage,  penalty  for  neglect  of, 
fares,  evasion  of  payment  of, 

arrest  for  refusing, 

ejection  for  non-payment, 
excessive  cash  fare,  charging, 
smoking  cars,  requiring  women,  etc.,  to  ride 

in,  .... 

withholding  accommodations  from. 

Railroad  Police. 


84 


appointment,    ..... 

22.  23 

witness  fees  not  allowed  to. 

24 

Rolling  Stock. 

brakes,  etc.,  insufficient,     . 

79 

fire  safeguards,  omission  of, 

83 

heating  of  passenger  cars,  neglect  of,   . 

83 

lighting  by  naphtha,  etc.,  . 

83 

locomotive  boiler,  not  testing. 

84 

mufflers,  neglect  to  provide  or  use. 

84 

platform  gates,  failure  to  provide, 

83 

tools  and  appliances,  failure  to  provide. 

83 

Safety  Switches. 

blocking,  failure  to  use;   penalty, 

74 

failure  to  use,    ..... 

74 

Stations. 

expectoration  in,        . 

111,  Ilia 

loitering  around,         .... 

110 

omitting  signs  on,      . 

74 

riding  on  cars,  etc.,  Boston  Terminal, 

110,  1106 

Tools  on  Trains. 

failure  to  carry,          .... 

83 

tampering  with,          .... 

112 

Track. 

driving,  etc.,  horse,  etc.,  on, 

110 

permitting  beasts  upon. 

.       110 

walking  or  standing  on. 

110 

Trains. 

gross  mismanagement  of,   . 

.       113 

missiles,  throwing  at. 

30 

obstruction  by,           .... 

78 

obstruction  of,             .... 

112 

wilful  stoppage  of,     . 

112 

See  Penalties. 

CROSSINGS. 

In  General. 

alteration,  special  commission,  etc.,     .          .  11 

See  Alteration  of  Crossings. 

authorized  location  and  construction,             .  64,  65 

bell,  ringing  at,            .....  76 

consent  to  making,    .....  66 

determination  of.        .....  57,  58 

freight  trains  not  to  obstruct,      ...  78 

inspection  of,  by  inspectors,         ...  24 


CROSSINGS  — Continued. 
lay-out  of  way  over,  upon, 
negligence  at,    . 
new,  after  separation  of  grades,  maintenan 


of, 


16 


private  railroads,  of,  regulation  by  board, 
private  ways,  application  for  damages,  limit 
regulation  of  grade  crossings  by  board 
right  of  way  by  prescription,  none, 
signboards,  approval  of,      . 

Boston. 

jurisdiction  of  board  in,      . 
in  whole  or  in  part, 


67 
'7,  113 

17,  IS 

117 

69,  70 

75 

71 
77 


11 
11a 


Bridges. 

height,  construction,  etc.,  . 
overhead,  height,  of, 
repairs,    application,    obligation, 
etc.,         .... 

Canals. 

alterations  in  course  of, 
damages  for,  payment  of,  . 

Flags,  Gates,  etc. 

board  may  order, 


Grade  Crossings. 

See  Abolition  op  Grade  Crossings; 

TERATION    OF   CROSSINGS. 


.  65,  66 
.  65,  66 

damages, 

16,  17,  68,  69 


68 


77 


Al- 


Land. 

severance  of,  appeal,  ....  70 

taking,  for  abolition  or  alteration  of,  etc.,   11,  15,  16 
See  Location. 

Navigable  Waters. 

damages,  recovery  of,  ....  65 

over,  authority  for,    .....  65 

Obstructions. 

application  for  removal,  etc.,       ...  68 

county  commissioners,  original  jurisdiction,  69 

equity  jurisdiction  as  to,    .  .  .  .  69 

indemnity  against,     .....  68 

standing  wood,  removal  of,  damages,  etc.,    .  78 

trains,  by;   penalty,  .....  78 

assignee  or  receiver,  by, ....  78 

freight  trains,  relief  against,     ...  78 

Private  Crossings. 

gates,  flagman,  signals,  etc.,         ...  77 

not  building;   penalty,         ....  70 

signboards,  as  to,       .  .  .  .  .  77 

Private  Land. 

access  to,  cutting  off,  ....  70 

severance,  etc.,  of,  appeal,  ...  70 

county  commissioners,  etc.,     ...  70 

Railroad. 

tracks  of  two  roads;    separation  by  agree- 
ment,     ......  64 

board  to  supervise,  ....  64.  65 


IXDEX    TO    RAILROAD    LAWS. 


201 


CROSSINGS  —  Concluded. 

Regulations,  Rules. 

board  may  make,  for  particular  crossings. 

Repairs. 

application  of  authorities  for, 

bridges,  etc.,  to,  obligation,  damages,  etc. 

county  commissioners  to  order,  . 

indemnity  to  city  or  town, 

lay-out  of  way  over,  upon, 


of  new  crossing,  after  separation  of  grades,  16,  17,  18 

Signals. 

at  overhead  crossing,  enforcement  of,  .  77 

electric,  board  may  order,  ...  77 

interlocking,  expense,  etc.,  .  .  .  75,  76 


Standing  Wood. 

removal  of,        . 

damages,  appeal,    . 

Street  Railways. 

crossing  by,  consent  to,  regulated, 


10,  11 


Trains  at. 

changes  as  to  shifting,  etc.,  .  .  .  76 

board  may  recommend,  .  .  .  76 

obstruction  by;  penalty,    ....  78 

assignee  or  receiver,         ....  78 

freight  trains,  relief  against,     ...  78 

Ways. 

change  of  course  of,  .  .  .  .  .66 

damages,  payment  of,  .  .  .66 

equity  jurisdiction  as  to,    ....         66 

grade  crossing,  consent  for,  ...  67 

lay-out  of  railroad  over,  not  to  obstruct,       .  65 

lay-out  across  railroad,  consent  to,       .  .  67 

not  to  obstruct  railroad,  ...  67 

metropolitan  parkways,  as  to,  .  .  67,  68 

repairs,  making  of,  ...  .  68 

over  or  under,  conditions  as  to,  .  .  65,  66 

raising  or  lowering,  for,       ....  66 

security  for  damages,      ....         66 

Whistling. 
at  grade  crossings,  ....  76 

regulated  by  board,  ....  76 

See  County  Commissioners;    Alteration 
of  Crossings. 

CROSSINGS,       ALTERATION       OF.     See 

Alteration   of  Crossings. 

CROSSINGS,  ILLEGAL, 
attachment  to  prevent, 

CULVERTS. 

county  commissioners  may  order, 
no  appeal  from,  as  to,     . 

See  Location. 

D. 

DAMAGES. 

In  General. 

agreement  of  associat ion  to  secure,       .  .         41 

assessment  and  payment,  ....  58-63 

by  county  commissioners,        ...         58 


65 


63 
63 


DAMAGES  —  Concluded. 

avoiding  by  change  of  location, 
Boston,  special  provisions  for, 

application  for  jury,  how  made, 
bridges,  for  not  repairing, 
canals,  upon  alterations  in, 
change  of  location  to  avoid, 
consequential  or  immediate,  provision  for 
contiguous  counties,  if  land  in,    . 
contingent  estates,  damages  and  indemnity 
of,  .... 

claimants  having  different  interests 
may  be  awarded  separately, 

trustee    may    be    appointed    by    probate 
court,     ..... 
different  interests  in  land, 
discontinuance    of     proceedings    forbidden 

etc.,         ..... 
double  damages  on  neglect  to  fence,  etc., 
employees,  for  injury  or  death,   . 
equity  jurisdiction  as  to  damages,  to  land, 
expressmen,  non-liability  for, 
fencing  locations,  in  addition  to  damages, 
guardian  or  trustee,  release  by,  . 
jury,  application  for;  procedure;  costs, 

limitation  of  time  for, 
land,  certificate  as  to  provision  for, 
married  women,  due  to,  disposition  of, 
navigable  or  tide  waters,  for  crossing, . 
non-payment,  effect  of,       . 
parkways  across  railroads,  for,    . 
pending  suits,  assessment  when;    limitation 
petition,  time  for  filing, 
plans,  payment  for,  in  abolition  cases, 
private  ways,  limit  for  application, 
quashing,  procedure  upon, 
reimbursement  for  costs,  etc., 
remainderman  or  reversioner,  claims  by, 
revivor  on  extension  of  time;  limitation, 
suits,  payment  pending, 
temporary  loans,  for  payment  of, 
tenant  for  life,  claim  by,     . 
tenant  in  possession,  may  ask  for  jury, 

County  Commissioners. 
assessment,        .... 
limit  of  time  for, 
security  for,  and  costs, 
tender  to  owner  on,  . 
warrants  of  distress  or  execution  for, 


59 
35,  36 
36 
68 
68 
59 
41 
60 

60 
60 
60 

61 
60 

62,  63 
63 

81,  82 

59 

113 

63 

60 

58,  59 
5S 
41 

61,  62 
65 
59 
68 

61,  62 
58 
13 

69,  70 
62 
13 
60 
62 

61,  62 

20,  21 
60 
61 


58 
58 
5S 
58 
5S 


Crossings. 

for  abolition  of, 
alteration  of,  for, 

actions  to  be  begun  within  one  year 
navigable,  etc.,  waters,  over, 
payment  of  damages, 
railroad  grade  crossings,  for  abolition 
separated  by  agreement, 
temporary  loans  for  payment,     . 

Mortgaged  Land. 
assessment;  procedure, 
division  between  parties,    . 
proceedings  when  taken.     . 

Ways. 

on  change  <>f  course  of, 

raising  or  lowering,  etc.,  security  for, 


16,  20,  21 
11 
16 
65 
66 
65 
18 
20,  21 


66 
66 


202 


INDEX    TO    RAILROAD    LAWS. 


DEAD    BODIES. 

carriage  of,  regulation,        ....         96 

DEATH    BY    ACCIDENT. 

inquest  in  case  of,      .....         27 

DEBT    LIMIT. 

temporary  loans  outside,  abolition  crossings,  21 


DEBTS. 

He  >ating,  loans  to  secure.     . 
pre-existing,  bonds  to  secure, 

DECREE. 

abolition  crossings,  filing,  effect,  etc., 
in  any  county, 
without  fee, 
alteration  crossings,  to  be  final, 


DECREE    FOR    PAYMENT. 

expense  abolition  crossings,  .  .  .  17 

DEFAULT. 

in  performance,  mortgages,  proceedings,        .  48,  49 

DEFECTIVE    MACHINERY. 

complaints  by  employees,  ...  9 


.  47 

48 

48 

.  15 

16 

17 

L26 

12 

DEFECTIVE    NOTICES. 

correction  of,     . 


DEFECTIVE    RETURNS. 

amendment  of, 


113 


10,  116 


DEFINITION. 

connecting  railroads,            ....        103 

of  terms, 

35 

public  way, 

35 

railroad,  railroads  and  railways, 

35 

railroad  corporation, 

35 

board  of  aldermen,     . 

35 

selectmen, 

35 

DESTRUCTION. 

of  bridge-guards,  penalty, 

DIFFERENT    INTERESTS. 

in  land,  damages,       .... 

DIRECTION. 

of  road  may  be  varied,  when, 

DIRECTORS.     See  Corporate  Matters. 

DISCONTINUANCE. 

of  damage  proceedings,  when, 
of  grade  crossings,      .  .  .  .  . 

public  or  private  way,     .  .  .  . 

of  ways,  abolition  crossings, 

DISCRIMINATION. 

enforcement  of  penalties  for, 

shippers  of  merchandise,  between,  forbidden, 


75 


60,  61 


56 


DISORDERLY    CONDUCT. 

in  trains,  etc 23,  29,  112 

passengers,  arrest  without  warrant.      .  .         23 


DISSOLUTION. 

of  corporations,  petition,  decree,  etc.,  108,  109 

continuance  for  winding  up,     .  .  .  109 

extinct  after,  to  be,  ....  109 

majority  in  interest  may  apply  for,      .  .  108 

receiver  may  be  appointed  when,  .  .  109 

may  prosecute  and  defend  suits,  appoint 

agents,  etc.,     .....  109 

to  pay  debts  and  distribute  surplus,  .  109 

surrender  of  certificate,  petition,  etc.,  .  109 

return  to  secretary  of  commonwealth,        .  110 

publication  of  notice  may  be  required,  .  109 

DISTRESS. 

warrants  of,  land  damages,  ...         58 

DISTRICT    ATTORNEY. 

to  recover  penalties  for  violation  of  laws  as 

to  equipment,  etc.,  ...         80 

for  failure  to  use  platform  gates,       .  .         83 

as  to  transportation  of  merchandise,  .  94 

DISTRICT    POLICE. 

to  enforce  weekly  payment  law, ...  86 

to  regulate  transportation  of  explosives,  ex- 
cept on  railroads,       .         .  .  .99 

DIVIDENDS. 

stock  dividends  forbidden,  .  .  .  47,  51 

liability  of  directors  as  to,         .  .  .  51 

unclaimed,  publication,       ....  46 

See  Corporate  Matters. 

DOUBLE    DAMAGES. 

for  neglect  of  fencing,  ....  63 

DRAWBARS. 

standard  height  of 79,  SO 


DRAWBRIDGES. 

closing,  regulations,  . 
drawtender,  ability,  duties, 
gates  across  track,  erection, 

board  to  fix  distance, 
penalties  for  neglect,  obstruction, 
rules  for,  .... 

signals,  display  of,     . 
trains,  time  allowance  to,  . 

full  stop,  brought  to,  by  enginemen,  when 
vessels,  passage  through,    . 
violations,  obstructions,  etc., 

DRAWING    CARS. 

compensation  for,  connecting  roads,     . 

DRIVING    BEAST. 

on  track, ....... 

DUE    CARE. 

prerequisite,  loss  of  life,      . 

DUTIES. 

directors,  of,     . 

inspectors,  of,   ...... 

of  board.     See   Railroad    Commissioners. 

special  commissioners,  alteration  of  cross- 
ings, of , . 

special  commissioners,  abolition  grade  cross- 
ings, of , . 


72 
72 
73 
73 

73 
72 
72 
72 
73 
72 
73 


102 


110 


27 


39,  43 
24 


11,  12 


14,  16 


INDEX    TO    KAILUOAD    LAWS. 


203 


E. 

EASEMENTS. 

in    lamb   adjoining    public    ways,    abolition 

proceedings,  payment,       .  .  .  15,  16 

in  lands  adjoining  private  ways,  payment,    .  15,  16 


80,  80d 


EJECTION. 

from  trains,  for  evasion  of  fare,  . 
at  regular  passenger  stations  only, 

ELECTRIC    SIGNALS. 

at  crossings,  board  may  order,    . 

ELECTRICITY. 

railroad  operation  by, 

ELEVATED    RAILROAD. 

petition  for  charter  to  general  court, 
liability  for  accident  to  employees, 

ELEVATORS,  GRAIN. 

increase  of  stock  to  build, 

EMBANKMENTS. 

county  commissioners  may  order, 
no  appeal  from,  as  to, 

See  Location. 
land  for,  taking,  etc., 

EMPLOYEES. 

accidents  to, 

assaults  on,  punishable, 

assumption  of  risks  by,  restricted, 

badges,  uniform,  caps,  penalty, 

bond  not  to  be  required  from, 

brakemen,  number,   . 

color-blindness,  examination, 

complaints  by, . 

damages  for  injury  or  death, 

defective  machinery,  complaints 

accidents  resulting  from, 
employers'  liability  for  injuries, 

actions  under, 

on  elevated  railways, 
extinguishing  of  fires  by,    . 
fatal  accidents  to, 
injuries  to, 
interference  with, 
jury  duty,  exemption  from, 
Lord's  day,  work  upon, 
military  duty,  exemption  from, 
negligence  of,  causing  injury, 
railroad  police,  appointment  as, 
recommendation  of,  by  public  officers 
relief  societies  for, 
rest,  one  day  in  seven, 
uniforms,  etc.,  neglect, 
wages,  weekly  payments  to, 

See  Relief  Societies. 

ENCROACHMENT    ON    LAND. 

no  title  by,        .... 

ENDANGERMENT. 

of  life 


ENFORCEMENT    OF    LAWS. 

regulating  grade  crossing  abolitions,     . 

See  Equity;  Railroad  Commissionkks 


23,  29 
29 


77 


ENGINES,   LOCOMOTIVE. 

79 

boilers,  testing,           .... 

.  83,  84 

obstruction  of,             .... 

111,  112 

fire  from,  liability  for, 

113,  114 

37 

insurable  interest, 

114 

80c 

spark  arresters  for,    .... 
See  Bells;  Whistling. 

114 

63 
63 


of, 


27,  28,  SO, 


81,  82 

30 

80,  806 

84 

85 

79 

85 

9 

80-82 

9 

80,  80d 
80-82 

81,  81a 
80c 
115 

28,  81 

80,  81 

#30 

*87 

85 

87,  88 

81,  113 

22 

85,  86 

21 

85 

S4 

86 


:>7 


112 


ENGINEER,    STATE. 

to  examine  plans  for  crossing  abolition, 

ENGINEER'S    ESTIMATES. 

of  length  of  line,  cost,  etc.,  in  locations, 
report,  map,  etc.,       .... 
variations,     ..... 


126 


53 
39 
40 


ENGINEMEN. 

control  of  train  by  brakes,  ...  79 

negligence  of,  penalty,        .  .  .  .113 

See   Crimes;     Drawbridges;     Employees; 
Equipment  and  Operation. 


17 


ENTRY. 

of  petition  for  grade  crossing  abolitions,  no- 
tice to  board,            ....  13 

EQUAL    FACILITIES. 

and  terms,  for  transportation,     ...  93 

EQUIPMENT    AND    OPERATION. 
In  General. 

bell,  ringing  at  crossings,    ....  76 

Boston,  aldermen  in,  to  regulate,          .           .  35 

brakes  and  brakemen,         ....  79 

bridge  guards,  ......  74 

defective    machinery,    complaints    by    em- 
ployees, ......  9 

electricity,  operation  by,    ....  79 

examination  by  railroad  commissioners  au- 
thorized   8,  9 

frogs,  blocking;   penalty  for  neglect,     .  74 
grade  crossings,  whistling,  etc.,  at,        .           .  76 
guard  rails,  blocking;   penalty  for  neglect,     .  74 
interlocking  signals,  proceedings  to  author- 
ize,         ......  75,  76 

Sunday  trains  and  boats,  board  may  author- 
ize   101 

whistles,  sounding  at  crossings,  ...  76 

Accidents. 

investigation  by  inspectors,          ...  24 

inquest  in  case  of  death,     ....  27 

medical  examiner,  notice  to,        .          .          .  26 

on  street  railways,     .....  26 

railroad  commissioners,  notice  to,         .           .  26 

Accommodations. 

penalty  for  withholding,     .          .          .          .  S4 

reasonable,  for  passengers,            ...  84 

Bridges. 

alteration  in,     .           .           .           .           .       11,  6S,  69 

bridge  guards,  erection;    penalty  for  neglect,  74,  7."i 

examination  of,  and  report ,  by  experts,  4,  25 

repairs,  damages,  etc.,         .           .           16,  17.  68,  69 

ways  over  or  under,  construction  of,    .          .  65,  66 

Drawbridges. 

closing,  regulations  for, 

draw -tender,  abilities,  duties,       ...  72 


204 


INDEX    TO    HAILROAD    LAWS. 


80 

-82 

9 

28 

81 

80 

81 

87 

87 

88 

81, 

113 

22 

86 

21 

84 

85 

86 

EQUIPMENT   AND   OPERATION  —  Continued. 
gates  across  track,  erection  of,     .  .  .  73 

railroad  commissioners  to  fix  distance,       .  73 

passage  of  vessels  through, 
penalties  for  neglect,  obstruction,  etc. 
rules  for,  .... 

signals,  display  of,     . 
trains,  time  allowance  to,  .  .  .  .72 

full  Stop,  brought  to,  when,     ...  73 

Employees. 
assaults,  etc.,  on,  punishable,      ...         30 
assumption  of  risk  by,        ....         80 
badges  and  uniform  caps;   penalty,      .  .         84 

bond  not  to  be  required  from,     ...         85 
brakemen,  number  required, 
color-blindness,  examination  as  to,       .  .         85 

complaints  by, .... 
damages  for  injury  or  death, 
defective  machinery,  complaints  of 
fatal  accidents  to, 
injuries  to,         .... 
jury  duty,  exemption  from, 
military  duty,  exemption  from, 
negligence  of,  causing  injury,       .  27,  28,  80, 
railroad  police,  appointment  as, 
wages,  weekly  payments  to, 
relief  societies  for, 
uniforms,  etc.,  neglect  as  to, 
recommendation  of,  by  public  officers 

Fire. 

from  engines,  liability  for,  .  .         113,  114 

insurable  interest,      .....        114 

Freight  Trains. 

equipment  with  safety  appliances,        .  .         79 

automatic  couplers,  ....  79 
drawbars,  standard  height  of,.           .           .  79,  80 

four-wheel  cars  exempt, ....  80 

grab  irons  or  hand  holds,          ...  79 

penalty  for  violation,       ....  80 

refusal  of  cars  from  other  roads,        .           .  79 

risk,  non-assumption  by  employee,              .  80 

not  to  obstruct  crossings,  ....  78 

Inspection. 

accidents,  investigation  of,  ...  24 

duties  of  inspectors  as  to,  .  .  .  .  24 

inquests,  inspectors  to  attend,     ...  24 

report  to  board,  .....  24 

witnesses,  summoning  of,  as  to,  .  .  24 

Joint  Use. 

of  road  or  station,  award  of  compensation,  .  74 

revision  of  award  by  court,  ...         74 

Railroad  Police. 
appointment  of,  .....  22 

duties  in  general,        .....  23 

Rolling  Stock,  etc. 

additional  appliances  for  safety,  .  .  88 

attachment  of , .  .  .  .  .  .26 

forbidden,  unless,  etc.,  2G 

brakes  and  brakemen  for,  ...  79 

power  and  train  brakes, .  ...  79 


EQUIPMENT    AND    OPERATION - 

conditional  sale  of,     . 

acknowledgment,  record,  fee,  etc., 
general  law  not  applicable, 
name  of  owner,  etc.,  to  bear,  . 
payment  of  price,  record,  fee, 

couplers,  .... 

fire,  safeguards  against, 

grab  irons,  etc.,  as  to, 

heating  of  passenger  cars,  . 

inspection  of,    . 

lighting  by  naphtha,  etc.,  forbidden, 

locomotive  boilers,  testing  of, 

machinery,  considered,  when, 

mufflers  for  vacuum  brakes, 
safety  valves,  for, 

platform  gates, 

safety  appliances,  extension  of  time, 

suggestions  of  additions  to, 

tools  to  be  carried,     . 


Concluded. 

25,  26 
26 
26 
26 
26 
79 
S3 
79 
83 
24 
83 

83,  84 
81 
84 
84 
83 
80 
8 
S3 


Stations. 

abandonment  forbidden,  when,  . 

attorney  general,  duty  as  to,  . 
board  to  suggest  changes,  etc.,  . 
joint  occupancy,  award  of  compensation, 

revision  of  award  by  court, 
name  on  signs  at  or  near,  . 
relocation  permitted,  when, 

board  may  recommend, 

Switches, 
penalty  for  not  blocking,    .... 
safety,  to  be  used;  approval  of, 

Trains. 

cheap  morning,  to  be  furnished, . 
Sunday,  running  on, ..... 
workingmen's,  ..... 

See  Trains. 

EQUITABLE  JURISDICTION.  See  Su- 
preme Judicial  Court;  Superior 
Court. 

EQUITABLE  RELIEF.  See  Supreme 
Judicial,  Court;  Superior  Court. 

EQUITY.     See    Supreme    Judicial    Court; 
.    Superior  Court. 

ESTABLISHMENT    OF    FARES. 

by  directors,      ...... 

See  Fares. 

ESTIMATES. 

to  accompany  charter  petitions, . 
engineers,  in  location  proceedings, 


73,  74 
74 
8 
74 
74 
74 
74 
86 


71 
74 


91 

101 

91 


ss 


37 
53 


EVASION    OF    FARE. 

penalty,  .......         29 

passenger  may  be  ejected  for,      .  .  .  23,  29 

may  be  arrested  by  railroad  police,  .  23 


EVIDENCE. 

original,  or  copy,  of  incorporation  certificate, 
to  be,     ...... 

See  Corporate  Matters. 


!_' 


INDEX    TO    RAILROAD    LAWS. 


205 


EXAMINATION. 

as  to  color-blindness, 

85 

of  bridges,  by  experts. 

.    4,  25 

of  books  and  finances. 

9 

of  railroads,  by  board, 

7,  8,  9 

notice  of,  when. 

9 

EXCHANGE. 

of  bonds,  not  to  affect  mortgages, 

EXECUTION. 

for  payment  of  land  damages, 

EXECUTOR. 

may  vote  as  stockholder  on  stock  held, 
to  sue,  loss  of  life,      .... 


59 


.  44,  45 


EXEMPTION. 

from  fencing,  by  board,      ....  63 

revocation  of,  proceeding,         ...  63 
of  experts  and  inspectors  from  civil  service 

rules 24 

of  four-wheel  freight  cars,  appliances,  .  80 

EXEMPTION     FROM     TAXATION.     See 

Taxation. 

EXIGENCY. 

certificate  of  public,             ....  39,  40 
not  required  if  located  under  special  char- 
ters  38 

EXISTING    RAILROADS. 

subject  to  general  law,        ....  36 

EXPECTORATION. 

in  cars,  stations,  steamboats,  etc.,         .       Ill,  Ilia 

EXPENDITURES. 

to  insure  existence,    .  .  .  .  .42 

EXPENSE. 

of  crossing  alterations,  apportionment,  .  11 

of  grade  crossing,  abolition  by  agreement,    .  18 

amount  payable  by  commonwealth,  .  19 

of  grade  crossing  abolitions  by  special  com- 
mission, .....  16,  17 

limit  chargeable  to  towns,  etc.,  .  .  14 

EXPENSES    OF    BOARD. 

provisions  as  to,         .  .  .  .  .  5 

assessment  of,         ....  .  5 

EXPERTS. 

appointment  by  board,       .           .           .           .  4,  5 

examination  of  bridge  by,             ...  4 

to  make  appraisals  of  property,             .           .  4 

transportation  of,      ....          .  5 

EXPLOSIVES. 

transportation  of,  by  railroads,   .  .  .  97,  98 

damages  for  injuries,  recovery,          .           .  9S 

marking  packages,            .           ...  98 

passenger  carrier  not  to  carry,  unless,        .  98 

refusal  to  carry,  permitted,      .          .          .  98 

torpedoes,  marking  of,         ....  1126 

EXPRESS    COMPANIES. 

contracts  with,  copies  for  board,  .  .  9 

railroads  not  liable  for  injuries  by,       .  .       113 


EXPRESS    COMPANIES—  Concluded. 

returns  by,         ..... 
time  of  filing  changed, 
supervision  of,  by  board,    . 

EXPRESSMEN. 

approval  of,  by  board, 

local,  discrimination  between,  forbidden, 

contracts  with,        .... 

equitable  jurisdiction  to  enforce, 

indemnity  required, 
non-liability  for  damages  by  acts  of,    . 

EXPRESS    MESSENGERS. 

season  tickets  for,      .... 

EXTENSION    OF    TIME. 

for  location,  to  revive  claims, 

EXTENSIONS. 

certificate  for,  capital,  etc., 

See  Location. 

EXTRA    CASH    FARES. 

on  trains,  ..... 

coupons  for  repayment, 
penalty  for  charging  excessive, 


F. 


FACILITIES. 

equal,  to  all  persons  and  companies, 

FARES. 

directors  to  establish, 
evasion  of,  arrest, 
changes,  suggestion  of, 
commutation  tickets,  issue  of, 
consolidation,  no  increase  after, 
ejection  for  non-payment, 
evasion  of,  penalty,   . 
extra  cash  fares  on  trains, 

coupons  for  repayment, 

penalty  for  excessive, 
legislature  may  revise, 
limited  tickets,  terms,  etc., 
reduction  on  certain  trains, 

FATAL    INJURIES. 

to  employees,    . 

to  passengers,  inquest,  etc., 


106 
1146 
7,  8 


93 

93 

93,  94 

94 

93 

113 


62 


ss 


93 


88 

29 

8 

31 
29 
29 
88 
88 
88 
88 
91 
91 


M.  82 


FEES. 

and  expenses  of  grade  crossing  commission- 
ers, paid  by  railroads  in  first  instance, 
thereafter      apportioned      to      respective 
parties,  ..... 

FENCES,   FENCING.     See  Location. 


FIDUCIARY    STOCKHOLDERS. 

may  vote  upon  .stock  held, 

FILING    LAND    TAKINGS. 

in  grade  crossing  abolitions, 

See  Location. 

FILING    LOCATIONS, 
certification,  etc., 
with  county  commissioners, 

purchased  land,  of, 
of  branches,      .... 
Sec  I  .<>■  \tion. 


.  44,  45 


15 


54 

55,  56 

56 

71 


206 


INDEX    TO    RAILROAD    LAWS. 


FILING    PETITIONS. 
for  damages,  time,     . 


5S 


FILING    REPORTS. 

by  auditors,  grade  crossing  abolitions,  .         17 

by  grade  crossing  commissioners  without  fee,  126,  15 
See  Returns, 

FINANCES. 

examination  of,  ....  .  9 

FIRE. 

by  engines,  damages  from,  liability  for,        113,  114 
insurable  interest,  ....       114 

safeguards,  board  may  order;    omission  of, 

penalty,  .....  83 

spark  arresters  for  locomotives,  board  to  ap- 
prove,    .  .  .  .  .114 
locations,     adjoining     land,     etc.,     to     be 

cleared,  .  .  .  .         114,  115 

FIRE    EXTINGUISHERS. 

board  may  order;  omission,         ...  83 

FIRE    SIGNAL. 

from  locomotives,  when,  etc.,      .  .  .        115 

law  as  to  whistling,  etc.,  not  affected,.  .        115 

FIREMAN. 

negligence  of,    .  .  .  .  .  .113 

FIRST    MEETING. 

of  corporations,  calling  by  directors,    .  .  42,  43 

See  Corporate  Matters. 

FIXING    ROUTE.     See  Corporate  Matters. 


FLAGS. 

at  crossings, 
neglect  of, 


FLOATING    DEBTS. 

loans  to  secure, 

FORECLOSURE. 

of  mortgages,  duties,  etc.,  of  buyer, 
rights  of  purchaser  under, 

FOREIGN    COUNTRIES. 

authorization  to  build  in,  etc.,     . 
purchase  of  roads,  steamships,  etc., 
sale  of  tickets  to,  bond,  etc., 

See  Corporate  Matters. 

FOREIGN    RAILROADS. 

agreement  of  association,    . 

by  concurrent  legislation,  rights,  etc. 

directors, 
capital,    .... 

increase  or  reduction  of, 
certificate  of  incorporation, 
directors,  clerk,  powers,  etc., 
duties  of  board, 
may  acquire  other  railroad  and  steamship 

lines, 
subject  to  what  provisions, 
taxation  of,  returns,  etc.,    . 

FORFEITURE    OF    CHARTER. 

for  unauthorized  increase  of  capital, 


.  49 

50 

.  49 

50 

11", 

118 

118, 

119 

.  88 

89 

117 
36 
117 
118 
118 
118 
118 
117 

118 
117 
119 


FORGERY. 

of  tickets,  .... 

of  stamp  of  ticket  agent,  etc., 

FORM. 

of  annual  returns,  prescribed, 

FORWARDING. 

merchandise,  promptly, 

milk,  etc.,  .... 

FREE    PASSES.     See  Passes. 

FREIGHT    TRAINS. 

equipment  with  safety  appliances, 

automatic  couplers, 

drawbars,  standard  height  of, . 

four-wheel  cars  exempt,. 

grab  irons  or  hand  holds, 

penalty  for  violation, 

making  up  of,  changes  in, 
not  to  obstruct  crossings,   . 

relief  against, 
refusal  of  cars  from  other  roads, 
risk,  non-assumption  by  employees, 
shifting,  changes  in  manner  of,    . 

FREIGHT    TRANSPORTATION. 

charges  for,        .... 
discrimination  forbidden, 

See  Merchandise. 

FROGS. 

board  to  approve  blocking, 
blocking,  penalty  for  neglect, 


G. 


GAMING. 

on  cars,  penalty. 


GATES. 

at  drawbridges, 
at  private  ways,  not  closing, 
or  flags  at  crossings,  application  for, 
or  electric  signals  at, 
board  may  order, 
neglect  of,       . 
proceedings  to  enforce, 

GATES,   PLATFORM. 

failure  to  provide, 

GAUGE. 

agreement  to  state,    . 
conditions  as  to, 
change  of, 

commissioners'  duties  as  to, 

certificate  of  clerk, 
narrow,  capital  stock  in,     . 

change  to  standard,  proceedings, 

GENERAL    COURT. 

may  revise  rates, 

petitions  for  incorporation  to, 

may  authorize  stock  increase. 

See  Legislature. 

GENERAL    LAW. 

organization  under,   .  .  . 


89 

Ml 


10,  115 


94 
99,  100 


79 
79 
79,  SO 
80 
79 
80 
76 
78 
78 
79 
80 
76 


91 
94 


71 

71 


112 


73 
110 

77 
77 
77 

77 
77 


83 


38 
38 
39,42 
42 
42 
39 
42 


88 
37 
47 


38,  39 


INDEX    TO    RAILROAD    LAWS. 


207 


GOVERNMENT. 

of  corporations,  by  directors,       ...  43 

GRAB    IRONS. 

or  hand  holds,  freight  trains,  approval,  etc.,  79 

GRADE. 

change  of,  consent  of  board,         ...  15 
special   commission   to  specify,   in  abolition 

crossings,  .....  15 

GRADE    CROSSINGS. 

In  General. 

abolition  and  alteration,  distinction,    .  .  20,  66 

another  railroad,  over,         ....  65 

regulations  as  to,  by  railroad  commission- 
ers, ......  75 

bell  and  whistle  sounded  at,         .  .  .  76 

regulations  as  to,  by  railroad  commission- 
ers, ......  76 

collisions  at,  liability  for,    ....        113 

conditions  and  restrictions  by  commissioners,  10,  11 
consent  for,        .           .           .           .           .           .66 

increase  of  stock  to  abolish,  ...  47 

interlocking  signals,  adoption  of  system,       .  75,  76 

expense,  award  of,  etc.,  ...  76 

obstruction  of,  unreasonable,       ...  78 

private  crossings,  appeal,  ...  70 

hearing  in  county  where  taken  unless,       .  71 

separation  of  two  railroads,  .  .  .  64,  65 

stops  at  railroad;  penalty  for  not  stopping, .  75 

street  railways,  with,  authorization,     .  .  10 

trains,  shifting  at,  .  .  .  .76 

whistles  or  bells  to  be  sounded  at,        .  .  76 

regulations  as  to,  by  railroad  commission- 
ers, ......  76 

Construction. 

over  ways,         ......  65 

conditional  on  not  obstructing  way,  .  65 

county  commissioners  to  fix  manner,  .  67 

over  ways,  consent  of  board,        ...  67 

safeguards  for  rails,  ....  66 

ways  over  railroads,  construction,    .  .  65,  66 

Gates  or  Flags. 

application  for,  .....  77 

board  may  order,       .....  77 

electric  signals  at.      .....  77 

equity  proceedings  to  enforce.     ...  77 

penalty  for  non-compliance,         ...  77 

Railroad  Grade  Crossings. 

consent  to,         ......  65 

regulations  for,       .....  65 

separation  of,  duties  as  to.       .  .  .  64,  65 

Signboards. 

erection,  inscription,  etc.,  ....  77 

application  for,      .....  77 

equity  proceedings  to  enforce,  .  .  77 

penalty  for  non-compliance,     ...  77 

Street  Railways, 

consent  to,         ......  10 

abolition  crossings,  to  contribute,  when,    .  14 

reimbursement,  when,  how  expended,   .  14,  15 

location  changed,  .  .  .  .  15 

auditor,      .  .  .  .  .  .17 


GRADE    CROSSINGS  —  Concluded. 
Ways, 
change  of  course  of,  damages  for, 
equitable  jurisdiction  as  to, 
lay-out  across  railroad, 
private  crossings,  appeal,   . 
repairs,  making, 


66 
66 
67 
70 
68,  69 


GRADE     CROSSINGS,     ABOLITION     OF. 

See  Abolition  of  Grade  Crossings. 

GRAIN    ELEVATOR. 

stock  holding  in,         .  .  .  .  .50 

GRAVEL. 

taking  land  for,  etc.,  ....  55 

GUARANTY. 

of  bonds,  connecting  roads,  ...  50 

GUARD    RAILS. 

blocking,  penalty  for  neglect,      ...         74 

GUARDIAN. 

damages,  release  by,  ....         60 

may  vote  as  stockholder  on  stock  held,  .  44,  45 

assessment  of  tax  on  stock  held  by,     .         106,  107 

GUARDS. 

bridge,  erection;  penalty  for  neglect,  .  .  74,  75 


H. 

HAND    HOLDS. 

or  grab  irons,  freight  trains,         ...  79 

HARBOR  AND  LAND  COMMISSIONERS. 

to   consent   to   construction   over  navigable 

waters,  ......         65 

HEARINGS. 

by    special    commissioners,    crossing    aboli- 
tions,     ......         14 

HEATING. 

cars,  passenger,  regulation;  penalty,    .  .  83 


HEIGHT. 

of  bridges, 
overhead. 


.  65,  66 
.  65.  66 


HIGHWAYS. 

crossing  by  private  railways,        .  .  116, 

number  to  be  crossed  to  be  shown  on  map  of 
route,     ..... 

over  railroads,  .... 

railroads  are  not  to  obstruct, 

raising  and  lowering;  county  commissioners 
to  direct,  .... 

taken  by  railroads;  consent  of  town  pre- 
requisite, .... 

See  Crossings;  County  Commissioners; 
"Ways. 


39 

67 
65 

66 

56 


I. 

ILLEGAL. 

stock  issues,  penalty  for,    . 
stock  increase,  penalty  for. 


.  47,  62 
47,  50,  51 


208 


INDEX    TO    RAILROAD    LAWS. 


IMPROVEMENTS, 
board  may  suggest,   . 
in  mode  of  operation,  as  to, 
rolling  stock  and  stations,  as  to, 

INCORPORATION. 

petition  for,  to  general  court, 
certificate  as  to, 

to  be  evidence,  etc., 
of  relief  societies. 


37 
.  41,  42 

42 
21    22 


See  Charter;  Corporate  Matters. 


of  bonds  and  notes,  . 

47 

of  capital  stock,          . 

42,  47,  52 

illegal  increase, 

47 

illegal  issue, 

.  51,  52 

authorized  certificate  of, 

.  42,  45 

to  build  elevators, . 

47 

approval  by  board, 

51 

for  branches, 

47 

general  court  may  authorize,  . 

47 

See  Corporate  Matters. 

INDEMNITY. 

against  obstructions,  crossings,   . 
to  city  or  town,  . 

INFORMATION. 

to  be  furnished  board,         . 

INJUNCTION. 

against  discrimination,  transportation, 

INJURIES,   LIABILITY    FOR. 

authorization  of  recovery  for  negligence, 

collisions  at  crossings,  for, 

crossings,  for  negligence  at, 

employees,  to,  . 

express  companies,  railroads  not  liable  for,  . 

fire  from  engines,  for  loss  from,  .  .         1 

insurable  interest  in  adjoining  property,    . 
littoral  on  tide  water,  to,    . 
merchandise,  for  not  transporting,  etc., 
negligence,  for,  . 

private  crossings,  from  not  closing  gates, 
railroad  police,  caused  by, . 
recovery  over  by  town  against,  .  .         1 

tracks  longitudinally  in  ways,  from, 
towns,  to,  when,  1 

INJURY. 

causing  loss  of  life,    . 

of  signals,  ..... 

to  baggage, 

to  construction  materials, 

INQUESTS. 

in  case  of  death  by  accident, 

inspector  to  attend,  . 

report  for  board  upon  death  by  accident, 

bill  approved  by  board, 

INSANE    HOSPITALS,   STATE. 

location  over  land  of,  forbidden, 

INSPECTION. 

duties  of  inspectors  as  to,  . 
accidents,  investigation  of, 
inquests,  to  attend, 
report  to  board, 
witnesses,  summoning  of, 


93.  94 


_>; 

,  28 

113 

113 

.  81 

,  82 

113 

13, 

114 

114 

65 

94 

27 

110 

24 

12, 

113 

40 

12, 

113 

2" 

\  28 

29 

90 

110 

2  1 

27 


24 
24 
24 
24 

24 


INSPECTION  —  Concluded. 

of  crossings,       ......  24 

of  equipment  and  machinery,      ...  24 

of  roadbed,        ......  24 

of  rolling  stock,  .....  24 

of  stations  and  grounds,     ....  24 

of  tracks,  ......  24 

recommendations  upon,      ....  24 

INSPECTORS. 

direction  of  examinations  by,      .  24 

railroad  and  railway,  appointment,      .  3,  4 

report  to  board,          .          ....  24 

to  inspect  crossings,             ....  24 

to  investigate  accidents,     ....  24 

exemption  from  civil  service  rules,  unless,     .  24 

INSTITUTIONS,   STATE. 

locations  on  land  of,  forbidden,  except,         .         54 

INSURABLE    INTEREST. 

as  to  fires  from  engines,      .  .  .  .114 

INTERESTED    PARTY. 

application  as  to  bond  issue,  to  court,  .         52 

INTERESTS    IN    LAND. 

different 60 

INTERFERENCE. 

with  employees,         .  ....         30 

INTERLOCKING   SIGNALS. 

proceedings  to  authorize,    .  .  .  .  75,  76 

expense,  award  of,  etc.,  ...         76 

INTERSTATE      COMMERCE      COMMIS- 
SION. 

form  of  returns  required  by,        ...  10 

returns  may  conform  to,    .  .  .  .10 

one  month's  notice  of  change,  .  .         10 

ISSUE    OF    STOCK.     See    Corporate 

Matters  (Capital  Stock,  Directors). 

J. 

JOINT   USE. 

of  connecting  roads  authorized,  .         101,  102 

of  stations,         ......  74 

award  of  compensation,      ....         74 

revision  by  court,  ....         74 


JURIES. 

application  for,  in  Boston  cases, 

JURISDICTION. 

of  board  in  Boston  crossing  alterations, 
of  county  commissioners,  crossings, 

crossing  alterations, 
over  land  takings  in  contiguous  counties, 

of  damages,  equity, 
of  police  officers  on  trains,  etc.,  . 
to  enforce  grade  crossing  abolition, 


35 


11 
60 
60 
23 
17 


JURISDICTION    IN   EQUITY. 

See  Supreme  Judicial  Court;    Superior 
Court. 
JURY. 

in  damage  suits,  application  for,  etc.,  .  58,  59 

in  Boston,      ......  35,  36 

limitation  of  time  for,     ....         58 


INDEX    TO    RAILROAD    LAWS. 


209 


JURY    DUTY. 

exemption  of  railroad  employees  from, 

JUSTICE    OF    THE    PEACE. 

may  issue  warrant  for  corporation  meetings, 
when,      ...... 


L. 

LABOR    AND    MATERIALS. 
action  for,  .... 

contractor  not  to  sue  for,   . 
limitation  of  action  for, 
notice  as  to  materials,  filing, 
sworn  statement  as  to  labor,  filing  of, 


II 


107 
107 
107 
108 
10S 


LAND. 

adjoining  locations  to  be  cleared  of  leaves, 

etc.,        .....         114,  115 

encroachment  on,  no  title  by,      ...         57 

mortgaged,  damages,       .  .  .  .  61,  62 

in  contiguous  counties,  damages,  .  .  60 


41 
62 
62,  63 
61 
41 
60 


LAND    DAMAGES. 

application  for,  .... 

certificate  as  to  provision  for, 

new  application  if  proceedings  are  quashed 

discontinuance  regulated, 
for  mortgaged  land,  .... 
to  be  secured,  when, .... 

in  contiguous  counties,    . 

See  Location,  etc. 

LAND    OWNER. 

consent  to  crossing  of  private  railways, 
erection  of  fences  on  request  of, 


LAND    TAKING. 

and  damages,    . 
conditions  precedent,  as  to, 
crossing  alterations,  for, 
grade  crossing  abolition,  for, 
outside  of  route,  limits,  etc., 

See  Location. 

LAY-OUT. 

of  ways  over  railroad, 

metropolitan  parkways,  etc., 
repairs,  making, 

See  Location. 


LEASES,    CONSOLIDATIONS,   ETC. 
approval  by  railroad  commissioners,    .  .         30 

certificate  of,  tiled  with  secretary  of  state,  30 

between  connecting  roads,  .  .  32,  103 


1  H. 

59 

56 

-63 

53 

57 

11 

15 

16 

56 

67 

67 

68 

copies  with  board, 

directors  may  make, 

restricted  to  ninety-nine  years,    . 

regulated,  .... 

not  to  be  avoided  in  building  branches, 

stockholders  to  approve,     . 

LEGISLATION. 

concurrent,  railroads  chartered  by, 
recommendations  for,  by  board, 

LEGISLATIVE    COMMITTEES. 

inny  inspect  books  and  accounts, 

LEGISLATURE.     See  General  Court. 


9,  33,  103 

33,  103 

103 

32,  33,  103 

71 
103 


36-38 


LESSEE. 

returns  by,         .  .  .  .  .  .116 

LESSOR. 

operating  railroad,  subject  to  general  law,    .  36 

returns  by,    .  .  .  .  .  .116 

LIABILITY. 

corporate,  not  relieved  by  board's  advice,     .  9 

employer's,  for  injuries,      ....  80-82 
actions  under,         ....  81,  81a 

for  collisions  at  grade  crossings',  .  .        113 

for  injuries.     See  Injuries. 
of  directors,  stock  dividends, 
primary,  for  payments,  abolition  damages,  . 

LIBRARY,   STATE. 

plans  with  special  charters  to  be  deposited  in, 

LIEN. 

for  cost  of  fences,  etc.,         .... 
on  registered  land,  how  recovered, 


51 
16 


38 


64 
64 


LIFE. 

endangerment  of,       .  .  .  .  .112 

loss  of,  negligent 27,28,113 

See  Loss  of  Life. 

LIGHTING. 

of  cars  by  naphtha,  etc.,  forbidden,      .  .  83 

LIMIT. 

of  annual  payment  by  commonwealth,  aboli- 
tion grade  crossings,  .  .  .  19 

LIMIT    OF    EXPENSE. 

grade  crossing  abolitions,  to  towns,      .  .  14 

LIMIT    OF    TIME. 

for  completion  of  branches,  ...  71 

for  construction  of  road,     ....  42 

for  damage  assessments,     ....  58 

for  issue  of  certificate  of  incorporation,  .  42 

private  ways,  damage  applications,      .  .  70 

LIMITATION. 

of  actions,  loss  of  life,  ...  28 

to  proxy  voting,         .....  44 

LIMITED    TICKETS. 

terms,  etc.,        ......         89 

LIMITS    OF    LOCATIONS. 

land  taken  out  side,     .....  56 

See  Locations;  Taxation. 

LIQUOR. 

transportation  into  no-license  towns,    .  .  96,  97 

LISTS. 

of  stockholders,  access  to,  .  .  .9,    10 

LITTORAL    OWNER. 

on  tidewater,  liability  to,    .  .  .  •  65 

LOANS. 

by   towns   for  payment,  damages,  abolition 

crossings,           .  .            .            .            .  20,  2] 

repayment  of  loan,  ....         21 


210 


INDEX    TO    RAILROAD    LAWS. 


LOCAL    AUTHORITIES. 

agreement  as  to  route,        ....         40 
to  apply  for  crossing  alterations,  .  .  11,  12 

See  Aldermen;  Selectmen. 

LOCATION. 

of  crossings,      .....  17,  18,  65 

to  he  cleared  of  leaves,  etc.,         .           .  114,  115 

under  charters,     ''     .           .           .           .  .38 

LOCATION    AND    CONSTRUCTION. 
Conditions  Precedent, 
capital  stock,  subscription,  payment,  etc.,    .         53 

certificate  of  board,  etc.,  filing;   fee,     .  .  54 

county  commissioners  to  authorize  lay-out,  55,  56 
engineer's  estimates  of  cost,  submission   to 

board,    ......  53 

fixing  the  route,  .....  39,  40 

organization  of  corporation,  etc.,  .  .  38,  39 

prior  conditions  as  to  branches  or  extensions,  53,  71 
taking  land,  prerequisites  for,      .  .  .  57,  58 

ways,  construction  over  grade  crossings,        .  66 

See  Corporate  Matters. 


Changes  of  Location. 

by  county  commissioners,   to  avoid  serious 

damages,  .....  59, 

compensation  of  county  commissioners, 
to  improve  alignment,         .... 
variation  in  route,  consent  to. 

Construction  of  Road. 

when  to  begin  and  be  completed,  .  .  42, 

gauge,  conditions  as  to, 
limit  of  time  for  construction, 
county   commissioners  may  order  embank- 
ments, etc  ,     . 
remedy  and  damages  for  non-compliance, 
longitudinally  in  ways,        .... 

Embankments,  Culverts,  etc. 
construction  of,  ....  . 

double  damages  in  tort  for  neglect  of, 
specific  performance  of  order, 
county  commissioners  may  order. 


71 
42 
42 

63 
63 
40 


Fencing. 

construction  on  county  commissioners'  order, 

order  as  to,  final,    . 
upon  request  on  taking  land, 
action  of  tort  upon  delay, 
additional  to  damages  to  land  owner, 
cattle  barriers,  erection  of, 
cost,  lien  for,  and  recovery  of,     . 
double  damages  for  neglect, 
entire  length,  to  be  built  along,  . 
equity  process  to  restrain  or  compel, 
exemption,  by  railroad  commissioners, 

revocation  of  exemption;   proceedings, 
land  owner,  erection  on  request  of, 
penalty  for  not  building,     . 
registered  land,  sale  for  costs  of, 
specific  performance  of  order, 

Locating  the  Road. 

common  or  park,  location  on,  forbidden,  etc., 
burial  grounds,  through,  forbidden,. 
Massachusetts    state   sanatorium,    not   on 
land  of,  ..... 


63 
63 
59 
63 
63 
63 
64 
63 
63 
63 
63 
63 
59 
63 
64 
63 


LOCATION  AND   CONSTRUCTION  —  Concluded. 

outside  limits,  allowance  of  location,    .  .  56 

materials,  new  tracks  or  stations,  for,        .  56 

taxation,  not  exempt  from,      ...  57 

public  parks,  consent  to  location  on,    .  .  54 

state  house  land,  over,  forbidden,         .  .  55 

state  insane,  etc  ,  hospitals,  not  on  land  of,  54 

state  institutions,  on  land  of,  forbidden, 

except,  .  .....  54 

within  three  miles  of  state  house,     .  .  54 

width  of  location  limited  to  five  rods,  .  55 

additional  for  gravel,  tracks,  station  pur- 
poses, etc.,       ..... 

under  special  charter,  .... 

Filing  the  Location. 

where  and  when;   contents, 

equity  to  restrain,  etc.,  use,  etc.,  unless, 

purchased  land,  riling  of  location, 

records  of  location,  form,  certification,  etc  , 

board  to  prescribe  rules  for, 

clerk  to  certify  as  to  compliance  with. 

Opening  of  Road. 

certificate  of  compliance  to  precede  opera- 
tion,       ...... 

maps,  profile,  etc.,  filing  of,      . 


56 
38 


55,  56 
56 

56,  57 
57 
57 
57 


72 

72 


Taking  Land. 

change  of  location  after,     . 
crossings  of  ways  first  fixed, 

abolition  of,  for, 

alterations,  for, 

navigable,  etc.,  waters,  over,  . 
equity  to  enjoin  use,  when, 
fencing  on  request,     . 
plan  or  description  for  owner;   remedy 
prerequisites  for, 

purchased  land,  filing  of  location, 
married  woman,  land  of,  taken, 

Branches  or  Extensions 

additional  capital  for, 

construction  and  completion,   limit  of 

for,  .... 

filing  of  certificate  and  fee, 
leases  or  contracts  not  to  be  avoided 
longitudinally  in  ways, 
opening  for  public  use, 
prior  conditions, 
subscription  for  shares  in, 

LOCOMOTIVE    BOILERS. 

testing;   penalty, 

on  private  railroads, 
safety  valves  for, 
mufflers,  etc,    .... 

LOCOMOTIVES. 

sparks  from,  fires,  etc., 

spark  arresters,  board  to  approve. 
See  Rolling  Stock. 

LOITERING. 

around  stations, 

of  Boston  Terminal  Company, 

LONGITUDINALLY. 

in  ways,  tracks,  .  .  . 


59 

57,  58 

15,  16 

11 

65 

58 

59 

59 

57,  58 

56 

61,62 


71 

71 
71 
71 
40 
72 
53,  71 
50 


83,  83a,  84 

83a 

84 

84 


113,  114 
114 


110 
110 


40 


INDEX    TO    RAILROAD    LAWS. 


211 


46 
46 


66 


LOSS    OF   LIFE. 

collisions  at  crossing,  in,     .  .  .  .113 

due  care,  prerequisite,  ....  27,  28 

employees,  recovery  by,  when,    ...  27 

executor,  etc.,  to  sue  for,    ....         27 

limitation  of  actions,  etc.,  ...  27 

negligence,  causing;   penalty,       .  27-29,  80-82,  113 
persons  beneficially  entitled,        ...  27 

recovery  for,     ......  27-29 

Sunday  law  no  defence  to,  .  .  .        101 

LOST    CERTIFICATES. 

new  certificates  to  replace,  when, 
bond  to  indemnify  corporation, 

LOWERING    WAYS. 

provisions  as  to,  . 


M. 

MACHINERY. 

defective,  complaints  by  employees,     . 

MAILS. 

transportation  of,  required, 

compensation,  and  revision  of, 
commissioners  for  fixing, 

MAINTENANCE. 

and  repair  of  abolished  crossings, 

MAPS. 

to  accompany  charter  petitions,. 

of  route,  ..... 

submission  to  local  boards, 
filed  with  secretary  of  commonwealth, 
profile,  on  vertical  scale  of  ten  to  one, 

MARRIED    WOMAN. 

land  of,  taken  for  location, 
damages,  disposition  of,      . 


MASSACHUSETTS       STATE       SANATO- 
RIUM. 

no  locations  on  land  of,       . 


92 

92 

93 

92 

16, 

17 

18 

37, 

39, 

40 
39 
40 

39 


61,  62 
61 


55 


MATERIALS. 

action  for. 

107, 

108 

construction,  injury  to. 

110 

contractor  not  to  sue  for,   . 

107 

limitation  of  action  for, 

108 

notice  as  to,  filing,     . 

10S 

MAXIMUM. 

expense  to  towns,  crossing  abolition,    . 

MAYOR. 

veto  power  not  affected  by  definition, 

MEDICAL    EXAMINER. 

notice  to,  in  case  of  accidental  death, 

inquest,  ...... 

MEETINGS. 

of  corporations,  calling  by  directors,    . 
to  be  held  in  commonwealth, 
under  warrant  of  justice,  when, 
calling  by  bondholders  or  trustees,  . 
See  Corpokate  Matters. 
of  special  commissioners,  grade  crossing  abo- 
litions,   ...... 


35 


42 
44 
44 
49 


I  I 


MERCHANDISE. 

discriminal  ion  as  to, .... 
between  shippers  forbidden,    . 

injunction  lies  against,    . 

local  expressmen,  between,  forbidden, 

penalty  for,  ..... 

railroad  stations,  forbidden  between, 
equal  terms  for  transportation,    . 

enforcement  of  transportation, 
explosives,  transportation  of,       .  .      97 

damages  for  injuries, 

marking  of  packages, 

passenger  carrier  not  to  carry,  unless, 

refusal  to  carry,  permitted, 
expressmen,  local,  equal  facilities  to,    . 

contracts  with,       .... 

equitable  jurisdiction  to  enforce, 

indemnity  required, 
forwarding  promptly  according  to  direction 
illegal  transportation  of,     . 
milk,  non-forwarding,  etc., 

penalties,  and  recovery  of, 
perishable  articles,  sale  of,  when, 
petroleum  in  yard,  penalty  for,   . 
rates,  establishment  by  corporation,     . 

legislature  may  revise,     . 

express,         ..... 

steamship,     ..... 
receipts  to  shippers,  to  give, 
unclaimed  freight,  sale  of, 


93,  94 
93 
94 

93,  94 
94 
93 
93 
94 

98,  99 
98 


98 
93 
93 
94 
93 
94 
94 
100 
100 
95 
99 
88 
88 


7 
93 
95 


MERGER   BILL   (so  called:. 

acquisition  of  stock  of  domestic  railroads  re- 
strained,   30,  31 

voting  on  shares,  etc.,  ....  31 

railroad  commissioners  to  determine  public 

interest,  .  .  .  .  .31 

fares  or  rates,  no  increase  of,       .  .  .         31 

switch  connections,    .  .  .  .  .  31,  32 

failure  to  install,     .....  32 

contracts,  board  to  approve,        ...  32 

leases,  board  to  approve,    .  .  .    ,       .  32,  33 

penalty,   .......         33 

jurisdiction  in  equity,  to  enforce,  .  .  33 

previous  acts  not  ratified,  ...  33 

METHOD    OF    CONSTRUCTION. 

grade  crossing  abolitions,    ....  14,  15 

METROPOLITAN    PARK    COMMISSION. 

may  lay  out  parkways  over  railroads. .  .  67 

agreements  as  to,  .  .  .  .  .  67 

board  may  decree  as  to  crossings,  etc.,       .  67 

expense,  damages,  etc.,  ....  67,  68 
not  at  level  with  tracks,  ...  67 

MILE. 

amount  of  stock  per,  ....  38,  39 

MILEAGE    BOOK. 

coupons,  detachment  of,     ....        886 
forgery  of,  ......  89 

MILITARY    DUTY. 

exemption  from,  employees,         .  .  .  87,  88 

MILK. 

facilities  to  shippers,  equal,  .  .  99,  100 

forwarding,        ......        100 

penalty  for  not  receiving,  etc.,    .  .  .       100 

receipts  from  connecting  roads,  .  .  .        100 

tariff,  establishing,  revision  by  board, .         .       100 


212 


INDEX    TO    RAILROAD    LAWS. 


MISMANAGEMENT. 

of  trains, ...... 

MISSILES. 

throwing,  at  trains,    .... 

MORTGAGED    LAND. 

damages  in  case  of,   .... 

division  between  parties, 
proceedings  when  taken,     . 

MORTGAGEES. 

rights  of,  when  lands  are  taken, 
apportionment  of  damages, 

MORTGAGES.     See    Corporate    Matters; 
Mortgaged  Land. 

MUFFLERS. 

for  vacuum  brakes,  neglect, 

for  safety  valves,       ..... 


113 


30 


61 

61 
61,  62 


84 
84 


MUNICIPAL    AUTHORITIES. 

supervision  of  private  railroads, 

See  Local  Authorities. 


116,  117 


N. 


NAME. 

change  of,  board  may  authorize,            .           .  108 
may  require  publication  of,      .           .           .  108 
certificate  to  be  filed  with  secretary  of  com- 
monwealth,     .....  108 
rights  and  liabilities  under  new  name,            .  ION 

NAMES. 

of  directors  in  association  agreement,  .  39 

NAPHTHA. 

lighting  by,  etc.,  forbidden,  ...  S3 

NARROW    GAUGE    ROADS. 

change  of,  capital,  etc.,       ....  39,  42 
equal  one-half  cost,  etc.,     ....  42 

paid-up  stock,  .....  42 

NAVIGABLE    WATERS. 

crossing,  authority,   .....         65 
damages,  recovery,  ....         65 

NEGLECT. 

of  annual  return,  penalty,  .  .  .       116 

See  Penalty. 

NEGLIGENCE. 

as  to  life 27,  28 

at  crossings,      .....  77,  113 

injury,  loss  of  life,  causing,  .  27-29,  80,  81,  113 

of  employees,  causing  injury,        27,  28,  SO,  81,  113 
recovery  for,     ......  28,  82 

notice,      .......  82 


NEW    SHARES. 

of  stock,  stockholders  entitled  to, 
price  of,  ...  . 

sale  of,  .... 

NON-PAYMENT. 

of  assessments,  sale  of  stock  for, 
of  damages,  effect  of, 


.  52, 

53 

.  52, 

53 

53 

.  46 

47 

59 

NORTHERN    AVENUE,   BOSTON. 

powers  of  board  in  relation  to,     .  .  .  8 

NOTES.     See  Corporate  Matters. 

NOTICE. 

of  accidents;   omission,        ....  27 

of   examination   of   railroads   and   railways, 

when,     ......  9 

of  meetings,       ......  42,  44 

petitions,    abolition    crossings,    to    common- 
wealth, board,  etc.,.           ...  13 

to  corporations  as  to  laws,  violations,  etc.,   .  8 

to  stockholders  of  new  shares,     ...  53 


o. 


OBLIGATION. 

to  repair  bridges, 


OBSTRUCTION. 

of  cars,     ..... 

of  crossings  by  freight  cars,  etc., 

of  drawbridge,  penalty, 

liability  of  corporation,  assignee  or  receiver 

of  trains,.  ..... 

of  ways,  ...... 

OBSTRUCTIONS. 

removal  of,  at  crossings. 

See  Crossings. 
OFFICE. 

of  board,  records,  expenses, 

OFFICERS.     See  Corporate  Matters. 

OILS. 

storage  on  railroad  property, 

OMISSION. 

of  bridge  guards,  penalty,  .  . 

of  fire  safeguards,  penalty,  .  . 

to  give  notice  of  accidents,  penalty,  . 

OPENING    OF    ROAD. 

certificate  for  operation  to  precede, 
of  branches,       ..... 
map  and  profile  to  be  filed, 

OPERATING    CONTRACTS. 

board  to  approve,      .... 

OPERATION. 

certificate,  preliminary  to, 
filing  of  map,  profile,  etc., 
mode  of,  suggestions  as  to, 
of  a  road  by  another  corporation, 
liability  of  operating  corporation, 

See  Equipment  and  Operation. 


Ill,  112 

78 

73 

78 

112 

68,  78 


.  68,  78 


99 


75 
83 
27 


72 
72 

72 


32 


72 

72 


36 
36 


ORGANIZATION. 

of  board,  laws  as  to,  ....  4 

of  railroad  and  railway  companies,       .  .  38,  42 

to  follow  issue  of  incorporation  certificate,  42,  43 
See  also  Corporate  Matters  (Agreement 
of  Association,  Organization). 


OTHER    CORPORATIONS. 

bonds  and  stock  of,  holding  regulated, 
See  Consolidations;    Connecting  Roads; 
Lease. 


50 


INDEX    TO    RAILROAD    LAWS. 


213 


41 

53 

48 

51 

54 

-56 

54 

-56 

OTHER    STATES. 

stock  issues  for,  no  approval,       ...  52 

OUTSIDE    LIMITS. 

locations,  proceedings,        ....  56,  57 

OUTSIDE    STATE.     See    Other  States. 

OVERHEAD    BRIDGES. 

height  of,  ......  65,  66 

OVERHEAD    CROSSINGS. 

automatic  signals  at,  enforcement,       .  .  77 

See  Crossings. 


P. 

PAID    IN. 

stock  to  be.  before  certificate, 

before  construction  or  location,  as  to, 

PAR. 

bonds  issued  below,  binding, 

new  shares  not  to  be  sold  for  less  than, 

PARKS. 

location  on,  forbidden,  except,    . 

consent  to,  when,  .  .  .  .  . 

not  to  be  entered  upon  by  railroad  employ- 
ees, etc.,  .  .  .  .  . 

PARKWAYS. 

lay-out  over  railroads,  conditions,  etc., 

PASSENGERS. 

abandonment  of  stations  forbidden 
accommodations,  withholding,     . 
arrest  of,  without  warrant,  when, 
baggage  checks  to  be  furnished, 

neglect  to  furnish,, 
baggage,  unclaimed,  sale,  etc.,     . 

bicycles  carried  as, 

injury  to,  penalty, 

storage  of,  no  charge  when, 
color  or  race  discrimination,  prohibited, 
dead  bodies,  transportation  regulated, 
disorderly,  etc.,  arrest  without  warrant, 
fares,  establishment,  etc.,  of, 

arrest  for  refusing  to  pay, 

changes  in,  suggestions  as  to, 

commutation  tickets,  issue  of, 

ejection  for  non-payment, 

evading  payment,  penalty, 

excessive  cash  fare,  charging, 

extra  cash  fare  on  trains, 

coupons  to  be  given  for  repayment, 
penalty  for  charging  excessive, 

legislature  may  revise,     . 

limited  tickets,  terms,  etc., 

reduction  on  certain  trains, 

tickets  to  foreign  countries,  sale  of,  etr 
free  passes  to  state,  etc.,  officers  forbidden 

gaming, 

season  tickets  for,      .... 
smoking  cars,  women  not  required  to  ride  in 
Sunday  law  as  to  trains  and  boats, 
trains,  cheap  morning,  etc.,  to  furnish 
workingmen's  trains, 

trip  tickets  upon,  . 


115 


.  67,  68 


73,  74 

84 
23 
90 
90 

90,  91 
90 
90 

90,  906 

92 

96 

23,  29 

88 

23 

8 

88,  886 

29 

2'.) 

88 

88 

88 

88 

88 

89 

89,  91 

88,  89 

91,  92 
112 

S9 
92 
100,  101 
91 
91 
91 


PASSES. 

free,  to  state  officers  forbidden, 
penalty. 


91,  92 
92 


PAYMENT. 

of   expense,    abolition    grade    crossings,    de- 
cree,       .  .  .  .  .  .  14,  15 

PAYMENT     OF     DAMAGES.     See     Dam- 
ages;   Abolition  Grade  Crossings. 


PENALTY. 

accidents,  omission  to  give  notice  of,   .  .  26 

accommodations,  withholding  reasonable, 

decreasing  through  consolidation, 
actions  to  recover, 
animals,  illegal  transportation  of, 
annual  returns,  neglect  of, 
acquisition  of  stock  of  domestic  roads,  for, 
baggage,  injured  or  destroyed,     . 

lost,  failure  to  advertise, 
barriers  against  animals,  non-erection 
baggage  checks,  not  furnishing, 
blocking  frogs,  etc.,  not, 
boilers,  locomotive,  not  testing, 
bond,  failure  to  furnish  by  banks,  etc 
books  and  papers,  refusal  to  submit, 
brakes,  insufficient,    . 
breaking  and  entering  cars, 

bridge  guards,  neglecting,  .  .  .74 

burial  grounds,  lay-out  over, 
cars,  gaming  on, 

not  heating,  by,  etc., 

stealing  from, 

riding  upon, 
color  or  race  discrimination, 
color-blindness,  neglect  to  examine  fo 
corporate  records,  failure  to  exhibit, 
crossings,  failure  to  stop  at, 

See  Crossings. 
dead  bodies,  illegal  carriage  of,  . 
discrimination  between  expressmen, 

against  color  or  race, 
disorderly  conduct  on  cars, 
driving  animals  on  track,   . 
drawbridges,  obstructing,  etc.,    . 
engines  or  cars,  obstruction  of,    . 
employees,  assaults  on,  etc., 

See  Employees. 
expectoration  in  cars,  stations,  etc., 
fares,  increasing  through  consolidation 
fences,  not  building, 
free  passes,  to  state  officers,  etc., 
fire  safeguards,  omission  of, 
forgery  of  tickets, 
frogs,  not  blocking,    . 
gaming,  on  cars, 

gates,  platform,  failure  to  provide, 
gates,  flagmen,  signals,  as  to, 
See  Gates. 
guard  rails,  not  blocking,   . 
heating  passenger  cars,  neglect, 
life,  endangerment  of,  .  .  .  Ill, 

loss  of,  negligent, 
lighting  by  naphtha, 
merchandise,  illegal  transportation  of 

discrimination  as  to, 
milk,  not  receiving,  connecting  roads, 
mufflers,  neglect  to  use, 
naphtha,  lighting  with, 
obstruction  of  cars,    .  .  .  .         Ill, 


111, 


111,  1 
etc 


27 

84 

33 

94 

95 

116 

,  31 

90 

90 

63 

90 

74 

84 

89 

10 

79 

112 

,  75 

55 

112 

83 

112 

110 

92 

85 

45 

7-5 

96 

94 

92 

112 

110 

73 

112 

30 

11a 
31 
63 
91 
83 
89 
74 

112 
83 
77 

74 
83 

112 

'.  28 

83 

94 

94 

100 
84 
83 

112 


211 


INDEX    TO    RAILROAD    LAWS. 


PENALTY  —  Concluded. 

officers,  changes  in,  certificate  to  be  filed 
with  secretary  of  commonwealth 
neglect,  .... 

clerk  to  be  resident  of  commonwealth, 
oils,  storage  of,  without  permit, 
papers,  refusal  to  submit,  . 
passengers,  withhold  accommodations  from 

.See  Passengers. 
returns,  failure  to  make,     . 
road-bed,  injury  to  construction  materials, 
rolling  stock,  insufficient  brakes,  etc., 

See  Rolling  Stock. 
safety   appliances,    freight  trains,  neglect  of 

switches,  failure  to  use, 
shares,  illegal  issue  of,  by  directors, 
signals,  injury,  etc.,  of, 
signboards,  failure  to  erect, 
stations,  loitering  around, 
stealing  from  cars, 
stock,  illegal  issue  of, 

illegal  increase  of, 
stops  at  grade  crossings,  omitting, 
switches,  not  blocking, 

safety,  failure  to  use, 
tools,  failure  to  provide, 

tampering  with, 
track,  walking  on,  etc., 
trains,  wilful  stopping  of,  etc.,     . 
uniforms,  neglect  of , . 
voting  stock  of  domestic  roads,  when 
weekly  payments,  non-payment  of. 
See  Crimes. 

PERCENTAGE. 

of  cost,  crossing  alterations, 

PERISHABLE    ARTICLES. 

sale  of,  when,    ...... 

PETITION. 

as  to  charters,  notice, 
for  incorporation,  to  general  court, 
for  damages,  time  for  filing, 
for  grade  crossing  abolition, 
See  Abolition  op  Grade  Crossings;    Lo- 
cation; Railroad  Commissioners. 

PETROLEUM. 

in  yard,  penalty  for  leaving, 

PLACE. 

of  meetings  in  commonwealth,    . 

PLANS. 

deposit  of,  in  state  library, 
of  locations,  for  owners, 
payment  for,  in  damage  suits,     . 

See  Location;     Maps. 

PLATFORM    GATES. 

failure  to  provide,      .... 
enforcement  of  requirement  for, . 

POLICE,  district.     See  District  Police. 
railroad.     See  Railroad  Police. 

POP    VALVE. 

appliance  for  deadening  noise  of, 


43 

43 
99 
10 

81 

110 

110 

79 

S3 

74 

',  52 

29 

110 

112 

52 

47 

75 

74 

74 

83 

112 

110 

112 

84 

31 

86 


14 


3S 
38,  39 

58 
12,  13 


M 


POWERS. 

of  directors,       ......  39,  43 

of   special    commissioners,   alteration    cross- 
ings  11,  12 

of    special     commissioners,    grade    crossing 

abolition,  .  .  .  .  .  14,  15 

of  board 7.  8,  9,  10 

See  Railroad  Commissioners,  and   under 
the  various  headings. 


POWERS    OF    COMMONWEALTH. 

reservation  of, 

PRACTICE. 

on  quashing  damage  proceedings. 
See  Proceedings. 

PREFERRED    STOCK. 

issue  of,    . 


36 


62 


526 


PREMIUMS. 

cash  value,  may  be  computed  in  bond  issues,       47a 

PREREQUISITES.     See    Conditions 
Precedent. 

PRESCRIPTION. 

right  of  way  by,  crossings,  none,  .  .  71 

PRESIDENT. 

must  be  a  director,    .....         43 
choice  by  board,         .....         43 

PRIOR      CONDITIONS.     See      Conditions 
Precedent. 

PRIVATE    CROSSINGS. 

board  may  order,        .....  70 

gates  at,  liability  for  not  closing,  .  .        110 

See  Private  Railroads. 

PRIVATE    LAND. 

severed,  crossing  to,  etc.,  appeal,           .           .  70 

county  commissioners,  etc.,      ...  70 

hearing  in  county  where  taken  unless,            .  71 

PRIVATE    RAILROADS. 

construction  for  freight,      .           .           .  .116 

connection  with  public,       .           .           .  .116 
highways,  etc.,  crossing  of,           ...        116 

land  owner's  consent  needed,       .           .  .        116 

locomotive  boilers,  testing,           .           .  .       83a 

municipal  authorities  to  supervise,       .  .        116 

regulation  of  crossings,        .           .           .  .117 

steam  power,  laws  applicable  if  used,  .        116 

PRIVATE    WAYS. 

crossing,  damages,  etc.,       .           .  .           .  69,  70 

gates  at,  not  closing,  penalty,.  .  .110 

damages,    discontinuance,    abolition  cross- 
ings,       ......  16 

payment,  primary  liability  for,  .  16 

limit  for  application    damages,    .  .           .  69,  70 

PROBATE    COURT. 

jurisdiction  in  equity,  concurrent,  as  to  dam- 
ages for  land  of  married  woman  taken,  62 

may  appoint  trustee  in  certain  land  damage 

cases,      ......         61 


INDEX    TO    RAILROAD    LAWS. 


215 


PROCEEDINGS. 

against  railroads  by  attorney  general, 
at  annual  meetings,  . 
discontinuance  of,  damages, 

quashing,  practice  on, 
in  default,  mortgages, 
in  grade  crossing  abolitions.     See  Abolition 

of  Grade  Crossings. 
in  taking  land, ...... 

PROXY    VOTING. 

limitations,  etc.,  ..... 

by  bondholders,  ..... 

PUBLIC    CONVENIENCE. 

certificate  of  (exigency),     .... 

PUBLIC    OFFICERS. 

appointment,  duties,  terms,  etc., 
not  to  recommend  employees,  etc., 

PUBLIC    OPENING. 

certificate  of  board  prerequisite  to  operation, 
map,  profile,  etc.,  filing  with  secretary, 


44 

62,  63 

62 

48,  49 


58 


4  1 
49 


39,  40 


4 
85,  S6 


PUBLIC    PARKS. 

consent  to  location  on, 

PUBLIC    WAREHOUSEMEN. 

liability  as,         ..... 

PUBLIC    WAY. 

definition  of, 

PUBLICATION. 

of  agreement  of  association,  posting,    . 

clerk's  certificate  of, 
of  notice  of  hearing  on  route,  posting, 

board  may  designate  newspaper,  when, 
of  statements  of  condition, 

PURCHASE. 

of  railroads  by  commonwealth,   . 

PURCHASED    LAND. 

filing  of  location,  etc.,  rules, 


.  55,  56 


94,  95 


Q. 


QUALIFICATIONS. 

of  directors,       . 

of  members  of  special  commissions, 

QUARTERLY    RETURNS. 

failure  to  make,  penalty,     . 
public  inspection  of,  . 

QUASHING. 

proceedings  for  damage,  practice, 

QUORUM. 

at  meetings  of  corporations,  majority, 
may  be  fixed  by  by-laws, 


R. 

RAILROAD    AND    RAILWAY, 
definition  of  terms.    . 


35 


39 
39 
40 
40 
9 


36 


39 
12,  13 


116 
116 


62 


44 
44 


35 


RAILROAD    COMMISSIONERS. 

In  General. 

appointment,  number,  terms,  tenure,  etc 
oath  and  qualifications, 

board,  defined,  .... 

clerk,  appointment,  duties  and  salary  of, 

oath  and  qualifications, 

assistant,  duties  and  salary  of, 
accountant,  appointment,   duties  and  com 

pensation,        .... 
annual  report  to  the  general  court, 

date  of  submission  of,     . 

expenditures,  statement  in, 

number  of  copies, 

printing  and  distribution, 

reasons  for  non-approvals  of  locations  in 

suggestions  of  changes,  etc.,  to  contain, 

public  documents,  laws  as  to  printing, 

state   board  of   publication,   powers  and 
duties,    ..... 
contracts,  services,  gifts,  etc.,  forbidden, 
expenses,  etc.,  borne  by  railroads, 

assessment  of,         ...  . 

apportionment  and  assessment,  of,    . 

limit,  etc.,      ..... 

balance  remaining  carried  forward  to  next 
year,       ..... 
experts,  appointment  by,   . 
free  transportation  allowed, 
inquests,  report  upon  death  by  accident, 
inspectors,  appointment  and  salary  of, 

to  inspect  crossings, 

to  investigate  accidents, 
office,  records,  incidental  expenses,  etc., 
organization,  laws  as  to,     . 
relief  corporations,  to  report  to, 

examination  of,       . 
salaries  of,         .... 
vacancies,  how  filled, 

Duties  in  General. 

accidents,  investigation  of, 

advice,  etc.,  not  to  relieve  corporate  liability 

appeals  to,  from  Boston  aldermen, 

attorney  general  to  act  on  report  of,  when, 

authority  to  supervise,  examine,  etc., 
complaints,  investigation  of,    . 
enforcement  of  laws,  by, 
notice  to  corporation  as  to  laws  violated, 
scope  of  statutory  provisions  as  to, 

block  signals,  may  require, 

books  and  accounts,  regular  examination  of 
continuance  of  uniform  system, 
directors,  etc.,  may  request  examination  of 
inspection  at  any  time  by, 
lists  of  stockholders,  access  to, 
non  submission,  etc.,  penalty  for. 
publication  of  statements, 
quarterly  returns  to, 

bond  issues,  approval  of,     . 

expert  investigation  of  property 

Boston,  appellate  powers  :is  to, 

certificate  of  incorporation,  :i^  to, 

certificate    of     public     convenience     (ex 

igency), ..... 
operation,  preliminary  to, 
change  of  name,  may  authorize, 
changes  and  improvements,  to  suggest, 

mode  of  operation,  as  to, 
rolling  stock  and  stations,  as  to, 


4,  5 

4 

3 

3.5 

4 

,4,5 

3,  5 
6 
6 
5 

7 

6 

54 

6 

6.  7 

6,  7 
4 
5 
5 
5 
5 

5 

4 

5 

27 

,  4,  5 

24 

24 

5 

4 

22 

22 

5 

4 


9 
35 

8 

7 

I,  9 

7 


7 

9 

9 

9 

9 

9,  10 

10 

9 

116 

51,  52 

4 

35 

41,  42 

39.  40 

72 

108 

8 

8 

8 


21(5 


INDEX    TO    RAILROAD    LAWS. 


RAILROAD  COMMISSIONERS  —Continued. 

complaints,  authorities  may  make  to,  8,  i) 

employees  may  make;   secrecy  of,    . 

grade  crossings,  as  to  obstruction  of, 

legal  voters  may  make,  . 

connecting  roads,  consent  to  joint  use  of,  101 

contracts,  etc.,  copies  with,      .  .  33,  103 

approval  of,  by  board,  .  .  33,  103 

regulation  of  traffic  lietween,   .  .  101-103 

consolidation  and  leases,  approval,  30 

to  determine  public  interests,  .  .  30,  32 

crossings,  alteration  of,       .  .  .       10,  11,  12 

in  Boston,     .  .  .  .  .  II,  11a 

examination  of  roads,  .  .  .  8,  9 

equitable    relief,    may    invoke,    as    to   stud. 
issues,    ..... 

express  companies,  supervision  of, 

authority  extended,         ....        106 

expressmen,  approval  of,    .  .  .  .  93 

foreign  countries,  incorporation  for,  duties,  117,  118 
gauge,  duties  as  to  change  of,      .  .  .  42 

grade,  consent  to,       .  .  .  .  .15 

grade  crossings,  consent  to,  10,  67 

abolition  of,  by  agreement,  approval,  20 

without  hearing  when,  .  .  .        206 

board    may    be    made  special    commis- 
sion,       ......  13 

by  agreement,  approval  of,  .  .  18 

approval  of  final  plans,  ....  20 

alteration  of,  appeal,       ....  12 

supervision  by  board, .  .  .  .  10,  1 1 

information  to  be  furnished  to,   .  .  .  9 

inquests,  approval  of  bill  for  report  of  evi- 
dence,    ..... 

leases,  approval  of,    . 

legislation,  recommendations  for, 

milk  tariff,  revision  of,        . 

narrow  gauge,  as  to  change  of,    . 

relief  societies,  supervision  of, 

repairs,  notice  of,  necessary, 

returns  to,  abstracts  and  tables  of,  6 

amendment  of  defective,  .  .  10,  116 

annual,  by  directors  under  oath,       .         115,  116 

originals,  to  be  preserved  by,         .  .  10 

blanks  for,  to  furnish,     ....  10 

forms,  to  prescribe,  .  .  .10,  115,  116 

interstate  commerce  commission,  may  con- 
form to,  .....  10 

month's  notice  of  change,     ...  10 

lessee  and  lessor,  by,        .  .  .  .116 

penalties  for  failure  to  make,  .  .  .        116 

quarterly  return  to,  .  .  .  .116 

public  inspection  of,    .  .  .  .116 

year's  notice  of  change,  ...  10 

by  express  companies,  .  .  .        106 

route,  action  on,  appeal,     ....  40 

publication  of,  board  may  designate  news- 
paper, when,  .....  40 

rules  as  to  explosives,  publication,  etc.,  .  97,  98 

for  filing  land  takings,     ....  57 

steamship  rates  and  accommodations,  regu- 
lation,    ......  7 

stock  issues,  approval  of,    .  .  .  .  51,  52 

fixing  price  of  shares,      ....  52,  53 

expert     investigation    of     cost     of     prop- 
erty,       ......  4 

switch  connections,  appeal  to,  on  failure  to 

install 31,  32 

transportation   of   milk,    to   supervise   rates 

for 99,  100 

wages,  exempting  from  weekly  payments,    .  86 


27 
30 


100 
42 


RAILROAD   COMMISSIONERS  —  Continued. 
witnesses,  compulsory  attendance  of,  .           .  10 
summoning,  oaths,  fees,  etc.,  ...  10 
workingmen's     trains,     trip     tickets,     with- 
drawal by  consent,             ...  91 

Equipment  and  Operation. 

accidents,  notice  to,              ....  26 

inspectors,  investigation  by,     ...  24 

bells  at  crossings,  regulation  of,             .           .  76 

bridge  guards,  approval  of,  74 
bridges,  expert  examination  of,  .           .           .     4,  25 

consent  of  board  as  to  height,            .           .  66 

crossings,  flags,  gates,  etc.,  as  to,          .           .  77 
alteration  of,            ....       10,11,12 

in  Boston,  .  .  .  .  11,  11a 

automatic   signals  at   overhead,   may  re- 
quire,     ......  77 

electric  signals,  may  order,       ...  77 

obstruction,  applications  to,  to  forbid,       .  78 

shifting  trains,  etc.,  regulation  of,     .           .  78 

signboards  at,  approval  of,       .           .           .  77 

may  order,           .....  77 

drawbridge  gates,  to  prescribe  distances,       .  73 

fire  safeguards,  approval  of,          .           .           .  83 

frogs,  etc.,  to  approve  blocking,             .           .  74 

gates  or  flags  at  grade  crossings,  as  to,           .  77 
grade    crossings,    to    make    regulations    as 

to 75 

heating  of  passenger  cars,  as  to,    .  .83 

inspection,  recommendations  upon,      .           .  24 

inspectors,  direction  of  examination  by,        .  24 

report  to,       .  .  .  .  .  .24 

interlocking   signals,    adoption    on  approval 

of 75,  76 

award  of  expense,             ....  76 
joint  use  of  road,  station,  compensation  for, 

to  fix, 74 

revision  of,  by  court,       ....  74 

leases,  approval  of,    .  .  .  .  30,  103 

private  crossings,  may  order,       ...  70 

repairs,  notice  of,       ....  8 

rolling  stock,  approval  of  fire  safeguards,      .  83 

additional  appliances,  may  require,             .  88 

additions  to,  suggestions  of,     .           .           .  8 

grab  irons,  as  to,    .....  79 

heating  of  cars,       .....  83 

locomotive  boilers,  testing  of,  .  .  83,  84 

mufflers  for  brakes,  approval  of,        .           .  84 

platform  gates,  approval  of,     .           .           .  83 

safety  appliances,  extension  of  time  for,    .  80 

safety  couplers,  requirement  of,         .          .  79 

spark  arresters,  board  to  approve,    .           .  114 

tools  and  appliances,  approval  of,     .           .  83 

signboards  at  crossings,  may  order,      .          .  77 

stations,  to  approve  relocation,  ...  74 

may  recommend  relocation,     ...  86 

changes  in,  to  suggest,    ....  8 

joint  occupancy,  to  fix  compensation  for,  74 

revision  by  court,         ....  74 

steamboats,  running  of,  on  Sunday,     .           .  101 

Sunday  trains,  may  allow,            .           .           .  101 

switches,  to  approve  blocking,     ...  74 

whistling,  regulation  of,      .  .  .  .76 

Location  and  Construction. 

alignment,  change  to  improve,    ...  56 
approval  of  stock  subscriptions,            .          .  53 
reasons    for    disapproval     in    annual    re- 
port,      ......  54 


INDEX    TO    RAILROAD    LAWS. 


217 


Concluded. 

53, 


RAILROAD    COMMISSIONERS 

authorization  on  what  conditions, 
certificate,  filing  and  fee, 
estimate  of  engineer,  sworn,     . 
filing  of  location,  certification,  53,  54 

purchased  land,  of,      . 
records  of  location,  form,  etc., 
branches  and  extensions,  certificate  for, 
bridges  over  track,  as  to  making,  .  .  65 

crossings,  special  commission  for  alteration, 
Boston,  jurisdiction  in,   . 

in  whole  or  in  part, 
one  railroad  commissioner  to  be  a  member 
access  to  land  cut  off,  to  require, 

appeal,  hearing,  powers,  etc.,         .  .  70 

severance  of  land,  appeal  to,    .  .  .  70 

damages  in  Boston,  as  to, 

fences,  exemption  from  building, 

fences,    revocation    of   exemption,    proceed 

ings  as  to,        . 

fixing  route,  action  on  petition,  etc.,    . 

alignment,  to  improve,    .  ... 

certificate,  exigency,        .  .  .  .39 

map,  engineers'  report,  etc.,  to  be  with,    .  39 

state  house,  not  within  three  miles, . 

variation,  written  consent  to, 

freight  cars,  etc.,  obstruction  by,  to  forbid 

grade  crossings,  consent  to, 

abolition  of,  certificate  of  expenditures, 

without  hearing,  when, 

agreement,  by,  approval  of, 

notice  of  filing  petition  for, 

petitions,  decision  as  to  precedence, 

supervision  in  case  of  agreements, 

certificate  of  alteration, 

conditions,  restrictions,  etc.,  may  impose,  10 

private  railroads,  as  to,         .  .         116, 

lay-out  of  ways  over, 

private  crossing,  appeal  as  to, 

hearing  in  county  where  taken,  unless 
railroad  grade  crossings,  consent  to, 
regulations  for,  .... 
separation  of,  duties  as  to,  . 
street  railways,  consent  to, 
trains,  shifting,  etc.,  at, 
public  opening,   certificate  for  operation  to 

precede, 
map,  profile,  etc.,  as  to, 

Street  Railways. 

See  "  Railroad   Commissioners"   in  Street 
Railway  Index. 


RAILROAD    CORPORATION. 

definition,  ......  35 

RAILROAD    INSPECTORS. 

appointment  of,          .           .           .           .           .  3,  4 

duties,      .......  24 

inspection  of  crossings,       ....  24 

reports,    .......  24 

RAILROAD    POLICE. 

appointment,  duties,  ....  22,  23 

liability  for  injuries  by,  ....  24 

witness  fees  not  allowed,  ....  24 

RAILROADS,    SEVERAL. 

apportionment  of  expense  between,  abolition 

crossings,  .  .  .  .  .  14 


5  1 
54 
53 

,  56 
56 
57 
71 

,  66 
11 
11 

11a 
12 
70 

,  71 

,  71 
35 
63 

63 

40 
56 

,  40 

.  40 
54 
56 
78 
66 
IS 

206 
IS 
13 
20 
IS 
11 
11 

117 
66 
70 
71 
65 
75 
64 
10 
76 


RAILS. 

safeguards  for,  .....  66 

to  be  protected  at  highway  crossings,  .  66 

guard  rails,  blocking.  ....  74 

RAISING    HIGHWAYS. 

or  lowering,  county  commissioners  to  direct,  66 

RAISING    WAYS. 

provisions  as  to,  .....  66 

RATES. 

conveyance  at  reduced, 

copies  of  lists  of,  for  board, 

directors  to  establish,  ....  88 

legislature  may  revise,         .  .  .  .  SS 

steamship, 

REASONABLE    ACCOMMODATIONS. 

for  passengers,  .....  84 

penalty  for  withholding,  ...  84 

RECEIPTS. 

to  shippers  of  merchandise,  ...  93 

RECEIVER. 

liability  for  obstruction,  crossings,        .           .  78 
in  dissolution  proceedings,  may  be  appointed 

when 109 

may  prosecute  suits,  appoint  agents,  etc.,     .  109 

to  pay  debts  and  distribute  surplus,     .           .  109 

RECORD. 

of  board's  rulings  of  law,    ....        170 
of  land  takings,  .....  56,  57 

of  abolition  crossing,  ....  15 

See  Location. 
RECORDING. 

of  agreement  of  association,  ...  42 

with  certificate  of  incorporation,       .  .  42 

of  bond  issues,  .....         4S 

See  also  Corporate  Matters. 

RECORDS,       OF      CORPORATIONS.     See 

Corporate  Matters. 

RECORDS    OF    LOCATIONS. 

board  to  prescribe  rules  for  filing,         .  .  57 

clerk  to  certify  compliance  with,       .  .  57 

See  Location. 
RECOVERY. 

for  loss  of  life, 27,  28 

by  employees,  when,        ....  81,  82 

RECOVERY    OF    COSTS. 

proportionate,  alteration,  crossings,     .  .         12 

REDUCED    RATES. 

conveyance  at,  .  .  .  .  .89 

REDUCTION. 

of  capital  stock 39,42 

cert  ificate  of,  .  ....         42 

of  fares  on  certain  trains,   ....  89-91 

REFUSAL    OF    CARS. 

without  safety  appliances,  from  other  roads,  79 

REGISTERED    BONDS. 

regulations  as  to,        .  .  .  .  .48 

mortgages,  etc.,  not  to  affect,  .  .  48 


218 


INDEX    TO    RAILROAD    LAWS. 


REGISTERED    LAND. 

sale  fur  tost  of  fencing,        ....  64 

REGULATION. 

of  traffic-  between  connecting  roads,     .  .        102 

REGULATIONS. 

grade  crossings,  as  to,  .  .  .  .  10,  11 

REIMBURSEMENT. 

for  costs,  damage  suits,  crossing  abolitions,   .  13 

street  railways,  crossing  alterations,     .  .  14,  15 

RELIEF    SOCIETIES. 

for  employees,  incorporation  of,  .  .  21,  22 

investigation  of  associates,       ...  21 

by-laws,  officers, 

approval, 
annual  report  to  board, 
voting  regulated  by  board,  ...  22 

examination  by  board,        ....  22 

funds  not  attachable,  etc.,  ...  22 

penalty  for  refusing  access  to  books,    .  .  22 

railroad  as  associate  or  member,  .  .  22 

RELOCATION. 

of  street  railway  tracks,  crossing  alterations,  15 

of  stations,  permitted,  when,       ...  74 

board  may  recommend,            ...  86 

REPAIRING      BRIDGES.     See      Bridges; 
Repairs. 

REPAIRS. 

county  commissioners  may  order,         .  .  68 

on  bridges,  damages,  etc.,  .  .  .  68,  69 

at  crossings,       ......  68 

county  commissioners  to  order,         .  .  68 

at  separated  crossings,         .  .  .       16,  17,  18 

notice  of  necessary,    .....  S 

See  Crossings. 

REPEAL. 

of    certain    chapters    of    the    revised    laws, 

etc 33,  34,  119,  120 

not  to  affect  pending  suits,  etc.,        .  34,  120 

REPORT. 

of  auditor,  grade  crossing  abolitions,    .  .  17 

of  grade   crossing   abolition   commissioners, 

filing 126,  15 

to  board,  by  inspectors,      ....  24 

of  board,  annual,        .....  6 

RESTRICTIONS. 

at  grade  crossings,     .  .  .  .  .  10,  11 

RETURN. 

quarterly,  failure  to  make,  penalty,     .  .       116 

RETURNS. 

abstracts  and  tables  of,       ...  .  6 

amendment  of  defective,     .  .  .  10,  116 

annual,  by  directors  under  oath,  .         115,  116 

form  to  be  prescribed,     .  .  .  10,  116 

neglect  of,      .....  116 

originals  to  be  preserved,  ...  10 

treasurer  to  swear  to,      .  .  .  .        115 

chief  accounting  officer  to  swear  to,  .       115 

as  to  contracts,  connecting  roads,     32,  33,  103,  115 

blanks  for,  board  to  furnish,         ...  10 

express  companies,  by,        ....       106 


RETURNS  —  Concluded. 
time  of  filing  changed, 
forms,  board  to  prescribe, 
lessee,  and  lessor,  by, 
original  preserved  in  office  of  board, 
penalty  for  failure  to  make, 
quarterly,  to  board,  . 
public  inspection  of, 

See  Corporate  Matters. 

REVIVOR. 

of  unsettled  damage  claims, 


RIGHT    OF    WAY. 

over  crossings,  by  prescription,  not  to  have, 

RIGHTS    OF    COMMONWEALTH. 

unimpaired,  when,     ..... 

RISK. 

non-assumption  by  employees,    . 


1146 
10,  115,  116 
116 
10 
116 
116 
116 


62 


71 


36 


80,  806 


ROAD-BED. 

injury  to  construction  materials, 


110,  111 


ROLLING    STOCK. 

additional  appliances,  board  may  require,     .  88 

additions  to,  suggestions,    ....  8 

attachment  of, .           .....  26 

forbidden,  unless,  .....  26 

brakes  and  brakemen,         ....  79 

power  and  train  brakes, ....  79 

changes  in,  board  may  suggest,  ...  8 
conditional  sale  of,     .           .           .           .           .  25,  26 

acknowledgment,  record,  etc.,           .          .  26 

general  law  not  applicable,       ...  26 

name  of  owner,  to  bear, ....  26 

payment,  record,  fee,      ....  26 

title  to  vest  in  purchaser,  when,        .           .  25 

couplers,             ......  79 

fire,  safeguards  from,           ....  83 

grab  irons,  as  to,         .  .  .  .  .79 

heating,  passenger  cars,      ....  S3 

inspection  of,               .....  24 

lighting,  by  naphtha  forbidden,             .           .  83 
locomotive  boilers,  testing,           .           .           .  83,  84 

machinery,  considered,  when,      ...  81 

mufflers,  for  vacuum  brakes,        ...  84 

safety  valves  for,   .....  84 

platform  gates,  approval  of,         .           .           .  83 

safety  appliances,  extension  time,         .           .  SO 
spark  arresters,  board  to  approve,        .           .        114 

tools  to  be  carried,     .....  83 

See  Cars;    Crimes;    Equipment  and  Oper- 
ation. 

ROUTE. 

fixing 39,  40 

by  board,  on  appeal,  certificate,        .          .  40 

action  of  board  on,    .....  40 

limits  of  land  taken  outside  of,  etc.,     .          .  56 

RULES. 

of  board,  as  to  transporting  explosives,         .  99 

as  to  bridge  construction,         ...  25 

as  to  bridge  guards,        ....  75 

as  to  reporting  accidents,         ...  27 

for  filing  land  takings,     ....  57 


RULINGS    OF   LAW. 

record  of, 


170 


INDEX    TO    KAILKOA1)    LAWS. 


219 


S. 

SAFEGUARDS. 

against   fire,   board  may  order,  omission  of, 


penalty,            .... 

S3 

for  rails,  crossings,  etc.. 

GO 

SAFETY    APPLIANCES. 

for  freight  trains,  etc.,  equipment, 

79 

extension  of  time  for, 

80 

neglect  of,          ....           . 

80 

penalty,    ...... 

80 

limitations,    ..... 

80 

84 


SAFETY    COUPLERS. 

requirement  of,  .... 

SAFETY    SWITCHES. 

failure  to  use;   penalty, 
blocking,  failure  to  use, 

SAFETY    VALVES. 

mufflers  for,  etc.,        .... 

SCOPE. 

of  statutory  provisions  as  to  board's  author- 
ity  8 

SCRIP    DIVIDENDS. 

forbidden,  ......  51 

SEASON    TICKETS. 

for  passengers,  .....  S9 

for  express  messengers,       .  .  .  .91 

SECRETARY    OF    COMMONWEALTH. 

agreement  of  association  to  be  filed  with,  41 

for  foreign  railroads,        .  .  117,  118 

certificate  of  consolidation  or  lease  to  be  filed 

with, 30 

of  incorporation,  issued  by,      .  .  .  41,  42 

for  foreign  railroads,         .  .  .  .118 

as  to  locations,  to  be  filed  with,         .  .  54 

as  to  branches,  to  be  filed  with,         .  .  71 

as  to  stock  issue,  to  be  filed  with.  .  51 

as  to  stock  increase,  to  be  filed  with,  .  42 

as  to  bonds,  to  be  filed  with,  .  .  51 

as  to  change  of  gauge,  to  be  filed  with,      .  42 

of  change  of  name  to  be  filed  with,  10S 

conditional  sale  of  rolling  stock,  record  with,  26 

map,  profile,  etc.,  to  be  filed  with,  .  72 

notification    of    appointment,    to    public  of- 
ficers,     ......  4 

of  organization  of  boards,  ...  4 

relief  societies,  action  on,    ....  21 

return  of  decree  of  dissolution  to,  .110 

returns  to,  by  local  assessors,  .  .        105 

special  charter,  petition  to  be  deposited  with, 

etc :;7 

surrender  of  certificate  of  incorporation,  pe- 
tition to 101),  1  II) 

SECURITY. 

for  damages,  raising  or  lowering  ways,  .  66 

land  takings,  costs,     .....  5S 

SELECTMEN. 

definition,           ......  35 

complaints  to,  appeal  to  board,             .          .  8,  9 

may  petition  for  oxaminat  ion  of  railroad,  etc.,  8 


SELECTMEN  —  Concluded. 

may  petition  as  to  alteration  of  crossings,     .  11 

may  petition  for  special  grade  crossing  aboli- 
tion commission,      ....  12 

SEPARATION. 

of  two  railroads,         .....  64,  65 

SEVERAL    RAILROADS. 

may  unite  in  petition,  abolition  crossings.     .   13,   14 

SHARES. 

penalty  for  illegal  issue  of,  ...  52 

transfer  of,         ......  45 

voting  upon,      ......  44 

See  Cokporatk  Matters  (Capital  Stock). 

SHIFTING    TRAINS. 

at  crossings,  regulation  of,  7S 

SHIPPERS. 

discrimination  between,  forbidden,        .           .  94 

to  have  receipts,         .....  93 

of  milk,  equal  facilities,       ....  99 

SIGNALS. 

at  crossings,  electric, 

at  drawbridges,  .... 

at  overhead  crossings,  enforcement,      .  .  77 

injury,  etc.,  of,  .....  29 

interlocking,  authorization,  etc., 

board  may  prescribe  rules, 
block   or   other   devices,    to   be  maintained 

when,      ......  7 

equity  jurisdiction  to  enforce,      ...  7 

SIGNBOARDS. 

at  crossings,       .  .  .  .  .  .77 

approval  of,  by  board,     ....  77 

board  may  order,   .....  77 

proceedings  to  enforce;   penalty,        .  .  77 

SIGNS. 

on  stations,  omitting,  etc.,  ...         74 

SINKING    FUND. 

of  commonwealth,  abolition  crossings,  .  19 

SMOKING    CARS. 

women,  etc.,  not  required  to  ride  in,    .  .  92 

SPARK    ARRESTERS. 

for  locomotives,  board  to  approve,       .  .       114 


SPARKS. 

from  locomotives,  fires,  etc., 

locations,     adjoining     land,     etc.,     to     be 
cleared,  .... 

fire  signal,  notice,  etc.,    . 
employees  to  extinguish  fires,  facilities 


SPECIAL    CHARTERS. 
how  affected  by  general  law, 
local  ions  under,         .... 

petition  to  general  court  for, 

SPECIAL    COMMISSIONERS. 

for  abolition  of  grade  crossings,  etc.,     . 

board  may  be  appointed  as, 

in  crossing  alteration  proceedings, 

See  Crossings,  Alteration  of. 


114,  115 
115 
US 


36 
38 

37 


12,  13 
L3 
12 


220 


INDEX    TO    RAILUOAD    LAWS. 


SPECIAL    MEETINGS. 

calling  and  date,         .....  44 

stockholders  may  request,  ...  44 

SPURS. 

branches  and  terminals,  route,     ...  40 

STAMP. 

of  ticket  agent,  forgery  of,  ...  89 

STANDARD  GAUGE. 

change  from  narrow,  proceedings,         .  .         42 

STANDING    WOOD. 

obstruction  by,  at  crossings,  removal  of,       .  78 

damages,  appeal,    .....  78 

STATE.     See  Commonwealth. 

STATE    HOUSE. 

locations  within  three  miles  of,    .  .  .  54 

on  land  of,  forbidden,      ....  55 

STATE    HOUSE    PARK. 

no  railroad  or  railway  to  be  operated  over,  .  55 

grant  of  location  not  to  include  any  portion 

of 55 

STATE    INSTITUTIONS. 

location  on  land  of,  forbidden,  except,  .  54 

STATE    LIBRARY. 

plans  and  profiles  submitted  to  General  Court 

deposited  in,   .  .  .  .  .  38 


STATE    OFFICERS. 

free  passes  to,  forbidden,    . 

STATEMENTS. 

of  condition,  publication,    . 

STATES,  OTHER. 

privileges  of  roads  chartered  in, 
stock  issues  for  use  in,  no  approval, 
See  Foreign  Railroads. 

STATIONS. 

abandonment  of,  forbidden,  when, 

attorney  general,  duty,  as  to, 
board  to  suggest  changes,  etc.,    . 

may  recommend  relocation  of, 
discrimination  in  use,  forbidden, 
joint  occupancy,  compensation, 

revision  of  award  by  court, 
land  taking  for, 
loitering  around, 
name  on  signs  at  or  near,  . 

omitting, 
relocation  permitted,  when, 

board  may  recommend, 

STATUTES. 

application  of,  to  railroads, 

STATUTORY    PROVISIONS. 

as  to  board's  authority,  scope  of, 

STEALING    FROM    CARS. 
penalty,   ..... 

STEAMBOATS. 

Sunday,  ..... 


91,  92 


103 


73, 


93 
74 
74 
55 
110 
74 
74 
74 
86 


35 


112 


STEAM    POWER. 

used  on  private  railroads,  laws  applicable,    .        116 


STEAMSHIP    COMPANIES. 

rates,  etc., 

guaranty  of  bonds,  etc., 

supervision  by  board, 

tickets,  deposits  by  banks,  etc.. 


7 

50 

7 

.  88,  89 


purchasers  of,  in  foreign  countries,  etc.,       118,  119 

STOCK.     See  Corporate  Matters  (Capital 
Stock). 


STOCK    CERTIFICATES. 

issue,  signatures,  etc.,  .  .  . 

STOCK    DIVIDENDS. 

forbidden,  when,         .... 

STOCK    ISSUES. 

board  may  invoke  equitable  relief  as  to, 


STOCKHOLDERS. 

entitled  to  new  shares, 

notice  of, 
lists  of,  access  of  board  to, 

for  tax  commissioner, 
vote  on  officers, 
See  Corporate  Matters; 
Taxation. 


Stockholding: 


STOCKHOLDING,   ETC. 

authority  necessary  for, 
branches,  subscriptions  for  shares  in,  . 
connecting  roads,  subscriptions  for  shares  in 
guaranty  of  bonds;    voting;    limit  of  hold 

ings,        ..... 
grain  elevators,  in;   representation, 
steamship    companies,    guaranty    of    bonds 

etc.,        ..... 
telegraph  companies,  in;   limit  of  holdings, 
subscriptions  for  shares,  time  for, 

STOPPING    TRAINS. 

wilfully  or  maliciously, 

STOPS. 

at  drawbridges,  .... 

at  grade  crossings,  omitting, 


15 


51 


52 


52 

53 

9,  10 

104 

44 


50 
50 
50 

50 
50 

50 
50 
53 


112 


73 

75 


STREET    RAILWAY    COMPANIES. 

alteration  of  crossings,  contributions  to,        .  11,  12 
temporary  locations  for,  .  .  .     122b 

See  also  Index  to  Street  Railway  Laws. 

STREET    RAILWAYS. 

grade  crossings  with,  authorization,      .  .  10 

See  Street  Railway  Companies;    Aboli- 
tion    Grade     Crossings;       Grade 
Crossings;     Railroad   Commission- 
ers. 
See  also  Index  to  Street  Railway  Laws. 


STREETS. 

tracks  longitudinally  in, 

See  Highways;  Ways. 


40 


SUBSCRIPTIONS.     See     Corporate     Mat- 
ters; Stockholding. 
SUIT. 

assessment  of  damages  pending,  .  .  61 


INDEX    TO    RAILROAD    LAWS. 


221 


SUNDAY    LAW. 

as  to  trains,       ......  101 

no  defence  to  actions,  loss  of  life,          .           .  101 

as  to  labor  by  employees,  ....  85 

SUNDAY    STEAMBOATS. 

board  may  allow,       .....        101 

SUNDAY    TRAINS. 

board  may  authorize,  ....        101 

SUPERIOR    COURT. 

Jurisdiction  in  Equity. 

as  to  law  limiting  stock  or  bond  issues,  to 

enforce,  .....  52 

to   enforce   lawful    orders   and    decisions   of 

board  as  to,     .....  52 

to  appoint  receiver  to  wind  up  corporation,        109 

to  appoint  grade  crossing  abolition  commis- 
sioners, .....  13 
may  consist  of  members  of  railroad  com- 
mission,           .           .           .           .           .13 

to    enforce    compliance    with    provisions    of 

crossing  abolition  law,       ...  17 

may  issue  interlocutory  decrees  and  orders, 

etc.,  in  any  county,  ...  17 

to  order  copies,  books  or  records,  exhibited 

to  stockholders,         ....  46 

In  General. 

application  to,  for  jury  as  to  routes  in  Boston,         35 
for  jury  in  Boston  damage  suits,       .  36 

costs,  taxing  of,  in  hearings  as  to  abolition  of 

grade  crossings,        ....  13 

expense  for  plans  may  be  allowed,    .  13 

clerk   of,    to   file   abolition    crossing    decree 

within  thirty  days,  .  .  .  15 

to  record  in  registry  of  deeds, ...  15 

to  file  with  auditor  of  commonwealth,  15 

damages,  in  abolition  crossing  proceedings, 

may  be  determined  by,     .  .  .  16 

discontinuance  of  suits,   by   leave  of  court, 

etc 62,  63 

dissolution,    decree    for,    upon    application, 

etc., 108,  109 

expressmen,  local,  equal  facilities  for,  juris- 
diction to  enforce,    ....  94 
express  messengers,  tickets  for,  jurisdiction 

by  injunction,  etc.,  to  secure,    .  .  91 

jury   in,   may  assess   damages  for  railroad 

property  taken  by  commonwealth,     .  37 

may  assess  damages  as  to  metropolitan 

parkways  constructed  over  railroads,  68 
justice  of,  to  approve  fees  and  expenses  of 
grade  crossing  abolition  commission- 
ers,           13 

may  compel  attendance  and  testimony  of 

witnesses  before  board,     ...  10 
receiver  to   wind   up   corporation,   appoint- 
ment of, 109 

to  appoint  grade  crossing  abolition  commis- 
sioners, .  .  .13 
decision  returnable  to,  decree,            .  .  15 
not  to   issue   until   approved  by   railroad 

commissioners,  ....         20 

to  appoint  special  commission  as  to  altera- 
tion of  crossing,        .  .  .  .  12 
decision  returnable  to,  decree,            .           .          12 
to  appoint  auditor,  duties,  report,  etc.,          .  17 


SUPERVISION. 

by  board,  of  accounts,  etc.,  ...  9 

of  crossing  abolitions,  by  agreement,  .  18 

of  express  companies,      .  .  .  .       7,  8 

of  grade  crossings,  ....  10,  11 

of  railroad  conditions,  operation,  property,  7,  8,  9 
of  rates  for  milk  transportation,         .  .        100 

of  steamship  companies,  ...  7 

See  Railroad  Commissioners. 

SUPREME    JUDICIAL    COURT. 

Jurisdiction  in  Equity. 

as  to  appointment,  etc.,  of  trustees  under 

mortgages,       .....         49 
to   summarily   remove   trustee,   etc.,   ami 

appoint  new  trustee,  ...  49 

as  to  gates,   flagmen  or  electric  signals,   at 

crossings  of  ways,     ....  77 

as  to  height  of  bridges,        ....  66 

as  to  law  limiting  stock  or  bond  issues,  to  en- 
force,     ......  52 

as  to  occupancy  of  ways  by  shifting  trains, 

etc. 78 

as  to  operation  of  trains  and  cars,         .  .  7 

as  to  overhead  crossing  of  ways  or  underpass,  69 

as  to  signboards  at  crossings  of  ways,  .  77 

as  to  signalling  approaching  trains  at  over- 
head crossings,  ....  77 

as  to  unlawful  certificate  of  board  approving 

location,  .....         54 

against  entry  on   land  until   taken,  except, 

etc.,        ......  55,  56 

against  taking  land  for  railroad  until  boards 

have  acted,      .....  57,  58 

to  appoint  receiver  to  wind  up  corporation,        109 

to  compel  erection  of  fences,  cattle  barriers, 

etc 63 

to  enforce  compliance  with  orders  of  board 

as  to  block  signals,  ...  7 

to   enforce    lawful    orders   and    decisions   of 

board  as  to  stock  issues,  etc.,    .  .  52 

to  enforce  orders  of  board  as  to  separation  of 

railroad  grade  crossings,   .  .  .  64,  65 

to  enforce  performance  of  orders  as  to  em- 
bankments, fences,  etc.,    ...         63 

to  enforce  provisions  of  "merger"  law,  .  33 

to  enforce  requirements  as  to  safety  couplers 

on  freight  trains,      ....  79 

to  order  copies,  books  or  records,  exhibited 

to  stockholders,         ....  46 

to  prevent  the  abandonment  of  stations  after 

five  years,        .....  73,  74 

to  prevent  crossing  of  railroads  at  grade,  un- 
less, etc.,  .....  65 
information   filed  by  attorney  general  of 

violations,        ...  65 

to  preven;  substantial  diminishing  of  accom- 
modation furnished,  .  .  .  73,  74 
abandonme:  t  of  station,            .           .  .  73,  74 

to  restrain  entry  on  land  when  damages  are 

in  dispute,       .....         59 


In  General. 

costs,  taking  of,  in  hearings  as  to  abolition 
of  grade  crossings,  .... 
I    p  miis  may  be  allowed,    . 

discontinuance  of  suits,  by  leave  of  court, 
etc.,        ...... 

dissolution,     decree    for,    upon    application, 

etc L08,  109 


62,  63 


222 


INDEX    TO    RAILROAD    LAWS. 


SUPREME  JUDICIAL   COURT  —  Concluded. 
drawing  cars,  compensation  for,  revision  of, 

board's  award,  .  .  .  102,. 

expressmen,  local,  equal  facilities  for,  juris- 
diction to  enforce,    .... 

express  messengers,  tickets  for,  jurisdiction 

by  injunction,  etc.,  to  secure,    . 
justice  of,  may  confirm  election  of  trustees, 
etc.,         ...... 

hearing,  decree,  filing,  etc., 
may  compel  attendance  and  testimony  of 
witnesses  before  board,     . 
mails,  transportation  of,  compensation,  peti- 
tion by  postmaster  general,  etc., 
commissioners    to     hear    and     determine 
award,  etc.,     ..... 

reopening  of  hearing,  revision,  award,  etc., 
may  appoint  commissioners  to  award  com- 
pensation for  railroad  taken  by  com- 
monwealth,     ..... 

receiver  to   wind   up   corporation,   appoint- 
ment of,  ..... 

stations,  joint  use  of,  jurisdiction  to  revise 
award,  etc.,     ..... 


103 

!)l 

91 

49 
49 

10 


37 

109 

74 


SWITCH    CONNECTIONS. 

to  be  maintained  on  application,  etc.,. 
appeal  to  Board  upon  failure  to  install, 

SWITCHES. 

board  may  approve  blocking, 
not  blocking,  penalty, 
safety,  failure  to  use. 


T. 

TAKING    LAND. 

for  crossing  alterations,       .  .  . 

for  grade  crossing  abolitions, 

See  Locations. 

TAKING    OF   RAILROADS. 

by  commonwealth,  after  year's  notice, 

TAMPERING. 

with  tools  on  trains. 


31,  32 
32 


11 
.  15,  16 


112 


TARIFF. 

between  connecting  roads,  regulated,  .     32,  33,  103 
for  milk  transportation,      ...  99,  100 

revision  by  board,  .  .  .  .100 

See   Fares;     Merchandise;     Transporta- 
tion. 

TAX    COMMISSIONER. 

to   apportion   expenses  of   board   upon   rail- 
roads and  railways,  ...  5 
See  Taxation. 

TAXATION. 

land  outside  limits  of  route  taxable,     .  .  57 

of  foreign  railroads,  provisions,  etc.,     .  .        119 


Corporate  Franchise  Tax 
annual  returns  to  tax  commissioner, 
complete  list  of  shareholders,  etc., 
capital  stock,  amount  of,    . 
par  and  market  value  of, 
held  as  collateral  security  if,    . 


103,  104 
104 
101 
104 
104 


TAXATION  —  Concluded. 

detailed  statement  of  works,  real  estate,  ma 

ehinery,  etc.,  .... 
whole  length  of  lines,  return  of, 

length  of  lines  without  commonwealth 
tax  to  be  paid,  how  determined, 


104 
104 
104 
104 


Tax  Commissioner. 

return  of  length  of  line  to,            ...        104 
to  ascertain  true  market  value  of  shares,       .        104 
cash  value  to  be  taken  as  true  value  of  fran- 
chise  104 

deduction    proportional    to    length    outside 

commonwealth,         ....        104 

local    valuation    to    be   deemed   true   value, 

when,      ......        104 

corporation  to  appeal  from  local  valuation, 

when,      ......        104 

may  require  corporation  to  prosecute  appeal, 

when,     ......        104 

may  be  heard  on  such  appeal,  costs,  etc.,  .        104 
notice   to   corporation    of   determination    of 

value,     ......        105 

application    to    assessors    for   abatement, 

when,     ......       105 

appeal  to  county  commissioners,  when,   105,  106 
valuation     of     commissioner     conclusive, 

when,      ......        105 

to  ascertain  proportion  of  tax  due  cities  and 

towns,    ......        107 

notification  to  treasurers  of  cities,  etc.,      .        107 
certificate  to  treasurer  and  receiver-gen- 
eral  107 

returns   to,    by   assessors   of   property,   and 

taxes  laid,        .....        105 
by  corporations  holding  foreign  railroads, 

provisions,  etc.,         .  .  .  .119 

Exemption  and  Apportionment. 

exemption  from  local  taxation  when  corpo- 
rate franchise  tax  is  paid,  .  .        106 
distribution  of  tax  on  basis  of  local  owner- 
ship of  shares,           ....       106 
if  held  by  co-partners,  guardians,  etc.,  how 

distributed 106,  107 

provisions  as  to,     .  .  .  .         106,  107 

city  or  town  ownership  of  stock,  return  as  to,        106 


TELEGRAPH    COMPANIES. 

stockholding  in, 

TEMPORARY    LOANS. 

for  payment  damages,  by  towns, 

for  damages,  grade  crossing  abolition, 

application  of  repayments, 

debt  limit,  outside, 

TENDER. 

to  owner,  land  damages,     . 

TERMINALS. 

spurs,  branches  and,  locating, 

TERMS    OF    OFFICE. 

of  directors,       .... 
of  members  of  board, 

TESTING. 

locomotive  boilers,  of, 


50 


20,  21 
20,  21 
20,  21 
20,  21 


58 


40 


43 
3 


83,  83a,  84 


INDEX    TO    RAILROAD    RAWS. 


223 


TICKET    AGENT. 

forgery  of  .stamp, 

TICKETS. 

commutation,  issue  of, 

forgery  of,  ...  . 

to  foreign  countries,  sale  of,  etc., 

See  Transportation. 
trip,  on  workingmen's  trains, 

TIDE    WATER. 

damages  for  crossing, 


89 


ss,  ssb 
89 

.  SS,  N!) 
91 


65 


TITLE. 

to  rolling  stock,  to  vest  in  purchaser,  when,  26 


TOOLS    ON    TRAINS. 

failure  to  carry, 
tampering  with,  penalty, 

TORPEDOES. 

marking  of, 


83 
112 


1126 


TOWNS. 

may  borrow  for  payment  of  damages,  cross- 
ings, when,      .....  20,  21 
may  recover  over  for  injuries,  etc.,       .         112,  113 
proportion  of  expense,  abolition  crossings,    .  14 

repayment  as  part  of  state  tax,         .  .  17 

route,  agreement  as  to,       ....         40 
See  Selectmen. 
TRACK. 

driving  animals  on,    .  .  .  .  .110 

permitting  beasts  upon,      .  .  .  .110 

walking  or  standing  on,      .  .  .  .110 

TRACKS. 

longitudinally  in  ways,        ....  40 

damages  from,         .....  40 

relocation,    street    railway,    crossing   altera- 
tions,     ......  15 

torpedoes  used  upon,  marking,  etc.,     .           .  1126 

TRAINS. 

at  drawbridges,  .....  73 

cheap  morning,  .....  91 

mismanagement  of,    .  .  .  .  .113 

missiles,  throwing  at,  ....  30 

obstruction  by;  penalty,    .  ...         78 

obstruction  of;  penalty,     .  .  .  .112 

shifting  at  crossings, .....  78 

stoppage  of,  wilful,    .  .  .  .  .112 

Sunday,  authorization,        ....        101 
tools  on,  failure  to  carry,    ....  83 

workingmen's,  .....  91 

See  Equipment  and  Operation;    Rolling 
Stock. 

TRANSFER    OF    CREDITS. 

to  loan,  grade  crossing  abolition,  .  .  20 

TRANSFER    OF    SHARES, 
attachment  not  to  defeat  title,  etc.,     .         .        4.r» 
delivery,  record,  etc.,  ....  45 

TRANSPORTATION. 

In  General. 

all  persons  and  companies,  equal  facilities  to,  93 

dead  bodies,  of,  .....  96 

express  messengers,  season  tickets  for,  .         91 

liquor  into  no  license  towns,         .  .  .  96,  97 


TRANSPORTATION  —  Continued. 
Animals, 
confinement  restricted,        ....  95 

penalty  for  violations,     ....  95,  96 
unloading,  for  food,  water,  etc.,         .  .  95 

Malls. 

carriage  of  United  States,  required,      .  .  92 

compensation,  and  revision  of,  .  .  92,  93 

Merchandise, 
discrimination  between  shippers  forbidden,  .  93,  94 
injunction  lies  against,    .  .  .  .94 

local  expressmen,  between,  forbidden,        .  93,  94 
penalty  for,  ......  94 

railroad  stations,  forbidden  between,  .  93 

equal  terms  and  facilities  to  all,  .  .  93 

explosives,  transportation  of,  by,  .     97,  98,  99 

damages  for  injuries;   recovery,         .  .  98 

marking  of  packages,       ....  98 

passenger  carrier  not  to  carry,  unless,        .  98 

refusal  to  carry,  permitted,      .  .  .98 

expressmen,  local,  equal  facilities  to,    .  .  93 

contracts  with,  .....         93 

equitable  jurisdiction  to  enforce,       .  .  94 

indemnity  required,         ....  93 

forwarding  promptly  according  to  directions,  94 

penalties,  and  recovery  of,  ...  94 

perishable  articles,  sale  of,  when,  .  .         95 

petroleum  in  yard,  penalty  for  leaving,         .         99 
rates,  establishment  by  corporation,    .  .         88 

legislature  may  revise,    ....         88 

express,  .  .  .  .  .  .       7,  8 

steamship,     ......  7 

receipts  to  shippers,  to  give,         ...         93 
unclaimed  freight,  sale  of,  ...  95 

Milk. 

connecting  roads,  receipt  from,   .           .  99,  100 

penalty  for  not  receiving,  etc.,           .  .        100 

equal  facilities  to  shippers,            .           .  99,  100 

tariff,  establishing;  revision  by  board,  .       100 

Passengers. 

abandonment  of  stations,  forbidden,    .  .  73,  74 
accommodations,  reasonable,  for,          .           .         84 
baggage  checks  to  be  furnished,             .           .  90 
baggage,  unclaimed,  advertisement,  sale,       .  90,  91 
bicycles  to  be  carried  as,           .           .           .90 
injury  to,  penalty,            ....          90 
dead  bodies,  transportation  regulated,            .          96 
disorderly,  etc.,  ancst   of,  without   warrant,   23,29 
fares,  establishment,  etc.,  of,        .           .           .          88 
arrest  for  refusing  to  pay,         ...  23 
changes  in,  suggestions  as  to,             .           .  8 
commutation  tickets,  issue  of,            .           .          8S 
evasion  of  fare;  penalty,          ...         29 
extra  cash  fares  on  trains,         ...          88 
coupons  to  be  given  for  repayment,        .          8S 
penalty  for  charging  excessive,      .           .          88 
legislature  may  revise,     .          .           .           .          S8 
limited  tickets,  terms,  etc.,      ...         89 
reduction  on  certain  trains,       ...           89 
tickets  to  foreign  countries,  sale  of,  etc  .      SS,  Si) 
free   passes    to   state,    etc.,    officers    forbid- 
den  91,  92 

smoking  cars,   women  not    required   to  ride 

in 92 

101 


Sunday  law  as  to  trains, 


100, 


224 


INDEX    TO    RAILROAD    LAWS. 


TRANSPORTATION  —  Condudi  d. 

trains,  cheap  morning,  etc.,  to  furnish, 
workingmen's  trains, 

trip  tickets  upon,  .... 

Public  Warehouseman. 

liability  as,         ..... 

TREASURER. 

choice  by  directors,    .... 

temporary,  appointment  of, 

to  record  bond  issues, 

to  swear  to  annual  returns, 

See  Corporate  Matters. 


43 

39 

47 

115 


TRUSTEE. 

damages,  release  by, .....  60 

may  vote  as  stockholder  on  stock  held,  .  44,  45 

process,  common  carrier  not  liable,  when,     .  99 

TRUSTEES. 

assessment  of  tax  on  shares  held  by,    .         106,  107 
election  by  bondholders,  when,   ...  49 

annual  meetings  called  by,       ...  49 

annual  report  of,    .  .  .  .  .49 

operating  railroads,  subject  to  general  law,  .  36 

may   contract   with   corporation   to  operate 

road 48,  49 

removal  of,  equity  jurisdiction,  ...  49 

See  Corporate  Matters. 


TWELVE    RIDE    TICKETS. 

provisions  for, 


TWO    RAILROADS. 

alteration  of  crossings,  proceedings, 


u. 


UNCLAIMED    DIVIDENDS. 

publication  of  list, 


UNCLAIMED    FREIGHT. 

sale  of, 


886 


.  64,  65 


46 


95 


UNIFORM    SYSTEM. 

of  bookkeeping  and  returns, 


UNIFORMS. 

of  employees,  neglect  as  to, 


UNSETTLED    CLAIMS. 

revivor  of, 


USE    OF    LAND. 

right  to,  suspended,  when, 


V. 

VACANCIES. 

in  board,  how  filled, 

in  boards  of  directors,  may  fill,  when, 

VACUUM    BRAKES. 

mufflers  for,       .... 
safety  valves  for,  . 

VALVES. 

safety  for  vacuum  brakes, 


115,  116 


M 


62 


.V.I 


4 


84 


VARIATION. 

in  route,  consent  to, 

to  be  noted  on  map,        .  . 

in  location,  filing, 

VESSELS. 

passage  through  drawbridges, 

VETO    POWER. 

of  mayor,  not  affected  by  act,     . 

VIOLATION. 

of  law.     See  Penalty. 

VOID. 

agreement  of  association,  unless, 

VOTING. 

proxy,       . 
upon  shares,      . 

of  corporation,  prohibition, 


w. 

WAGES. 

weekly  payments, 

board  may  exempt  from,  when, 
penalty  for  non-payment, 

WAITING    ROOMS. 

supervision  of,  by  board,    . 
local  authorities  may  petition, 

WALKING    ON    TRACK. 

or  standing  upon, 

WAREHOUSEMEN. 

liability  as,        .... 


WARRANTS. 

of  distress  or  execution  for  damages,   . 

WATERS,  NAVIGABLE. 

crossing,  authority,    .... 
damages,  recovery, 

WAYS. 

alteration   of,  without  authority,  injunction 
bridges,  over  and  under, 


alteration  of  crossings  law,  to  apply, 
change  of  course  of,  . 
discontinuance  of,  abolition  crossings, 
easements  in  lands  adjoining, 
equitable  jurisdiction  as  to, 
excavation  of  unauthorized, 
lay-out  not  to  obstruct, 
obstruction  of, 
over  railroads,  grade  crossings,    . 

consent  for,    .... 

parkways,  metropolitan,  as  to, 
private  railroads  over, 
railroads  over,  raising  and  lowering, 

damages,  security, 
tracks  longitudinally  in, 
See  Abolition  of  Grade  Crossings 


when 


A  I, 


teration  of  Crossings;   Crossings 

WEEKLY    PAYMENTS. 

of  wages,     ..... 
board  may  exempt  from,  when, 


56 
40 
56 


71' 


35 


42 


44 
44 

44 


86 
86 
86 


110 


94 


58 


65 
65 


69 
66 
69 
66 
16 
16 
69 
69 
65 

68,  78 
66 
67 

67,  68 
16,  117 
66 
66 
40 


86 
86 


LNDEX    TO    RAILROAD    LAWS. 


225 


WHISTLING. 

at  grade  crossings, 
regulation  by  board, 

WIDTH    OF    LOCATIONS. 

five  rods,  .  .  .  , 

additional  land,  etc., 

WITNESS    FEES. 

not  allowed  railroad  police, 

See  Witnesses. 


55 
55 


24 


WITNESSES. 

compulsory  attendance  of ,  ...  10 

summoning,  oath,  fees,  etc.,         ...  10 

summoning  by  inspectors,  ...  24 

WOMEN. 

not  required  to  ride  in  smoking  oars,    .  .  92 

WORKINGMEN'S    TRAINS. 

to  and  from  Boston,  ....  91 

trip  tickets  upon,  not  withdrawn  unless,  etc.,  91 


INDEX  TO  STREET  RAILWAY  LAWS. 


A. 

ABOLITION     OF     GRADE     CROSSINGS. 

See  Crossings. 

ABSTRACTS. 

and  tables  from  annual  returns,  .  .        170 

ABUTTERS. 

notice  as  to  connecting  locations,  .  .        133 

See  Location,  etc. 

ACCEPTANCE    OF    LOCATION. 

by  directors,  time  for,  limit,  122c,  124,  133,  144 

to  run  from  date  of  notice  of  approval  by 

board 124,  133 

ACCESS. 

to  list  of  stockholders,         ....  9 

ACCIDENTS. 

board  to  investigate,  ....  9 

inspectors  to  investigate,    ....  24 

notice  of,  ......         26 

inquests  on,       ......  27 

verbatim  report  to  board,  ...  27 

bill  to  be  approved,  ....  27 

loss  of  life  through  negligence,  penalty,  .  27,  28 

of  employee,  liability,  remedies,        .  .  28,  29 

Sunday  law,  no  defence  to  actions,  101 

ACCOMMODATIONS. 

for  passengers,  board  may  require,        .  .        152 

neglect  of,      .  .  .  .  .  .152 

See  Operation. 

ACCOUNTS.     See  Books  and  Accounts. 

ADJACENT    CITIES    AND    TOWNS. 

connecting  cities  and  towns,  etc.,  .  .        133 

extensions  into,  .....        133 

board  to  authorize,  hearing,  etc.,      .  133 

See  Location  and  Construction. 

ADMINISTRATOR. 

may  vote  on  stock  held  by  him,  .  .        130 

ADVICE. 

of  board  not  to  relieve  corporate  liability,     .  9 

AGREEMENT    OF    ASSOCIATION. 

contents  of,  etc.,         ....         122,  168 
See  Corporate  Matters. 

ALDERMEN. 

board  of,  definition,  .....        121 
examination  of  railway,  etc.,  may  petition 

for 8,  9 


ALDERMEN  —  Concluded. 
locations,  to  grant,  etc.,      . 

alteration  of  locations,    .  .  143, 

may  revoke,  when,  .... 

See  Location  and  Construction. 
powers  as  county  commissioners,  when, 
to  approve  land  taking  for  abolition,   . 
tracks,  may  order  temporary  discontinuance 

of 

may  order  removal  of,  upon  voluntary  dis- 
continuance,   ..... 
See  Taxation. 


123 
144 
144 

138 

158 


ALTERATION      OF      CROSSINGS. 

Crossings 


See 


ALTERATION    OF    LOCATION.      See   Lo- 
cation and  Construction. 

ALTERATIONS. 

of  speed  rules,  .  .  .  .  . 

AMENDMENT. 

of  defective  or  erroneous  returns, 

of  rulings,  by  courts,  .  .  .  . 


146 


170 

171 


ANNUAL    REPORT. 

of  board, .......  6 

ANNUAL    RETURNS. 

to  board,  by  directors,  .  .  .  10,  169 
neglect  to  make,  penalty,  .  .  .170 
to  lessor,  by  lessee,  etc.,  .  .  .170 
to  assessors,  length  of  track,  receipts,  etc.,  .  162 
to  tax  commissioner,  length  of  line,  divi- 
dends, etc 159,  160 

time  of  filing  changed,         ....      1146 

ANNULMENT. 

of  rulings,  by  courts,  when,  .  .  .        171 


APPEAL. 

from  local  valuations,  etc., 
to  board  as  to  commutation  tax, 
as  to  express  transportation,    . 


160 
163 
135 


APPLICATION. 

of  corporate  franchise  tax,  .  163,  164,  165 

of  laws  as  to  street  railways,        .  121,  122 

Boston  Elevated  company,  etc.,  excepted,        122 

special  charters,  how  affected,     .  121.   122 


APPORTIONMENT. 

of  franchise,  etc.,  tax. 

See  Taxation. 


161 


228 


INDKX    TO    STREET    RAILWAY    LAWS. 


23 


30 


145 
132 
145 


APPRAISALS. 

(if  property,  stock  or  bond  issues,         .  .  4 

APPROACH    OF    CARS. 

notice  of 150 

APPROACHES. 

in  alteration  crossings,  street  railways  to  con- 
tribute, .  .  11 

ARREST. 

without  warrant,  by  street  railway  police,     . 

ASSAULTS. 

upon  employees,        ..... 

ASSESSMENT. 

of  betterments,  when,  .... 

on  shares;  collections;  liability;  sales,         131, 
of  street  widening  expense,  limit,  .         144, 

of  corporate  franchise,  etc.,  tax.     See  Taxa- 
tion. 
of  commutation  tax.     See  Taxation. 
of  expenses  of  board  upon  companies,  .  5 

ASSESSORS. 

returns  of  length  of  line  to,  .  .  .        162 

ASSOCIATION. 

agreement  of,  contents,  etc.,        .  .  .       122 

See  Corporate  Matters. 

ATTORNEY  GENERAL. 

to  act  on  report  of  board,  when, 
to  proceed  for  dissolution  of  company,  when, 
may  apply  to  supreme,  etc.,  court  as  to  stock 
and  bond  issues,       .... 

AUCTION. 

sale  of  stock  at,  when,         .... 

AUTHORITY. 

of  board,  to  supervise,  examine,  etc., 

enforcement  of  laws  by, 

notice  to  companies  as  to  laws, 
scope  of  statutory  provisions  as  to. 

See  Railroad  Commissioners 


170 
141 


156 


157 


AVOIDING    GRADE    CROSSINGS. 

construction  of  track  outside  way, 

within  limits  of  way, 
land  may  be  taken,    . 
of  highways,      .... 
See  Crossings. 


B. 

BAGGAGE. 

street  railways,  common  carriers  of, 
authority  limited,  etc.,    . 
board  to  approve, 

See  Corporate  Powers. 


157, 
157, 


158 
158 
158 
138 


135 
135 
135 


BANK    COMMISSIONER. 

duties  as   to   investment   in   street   railway 

bonds 168,  169,  169a 

lists  of  companies  paying  five  per  cent,  divi- 
dends, for 169,  169a 


BETTERMENTS. 

assessed,  when,  .... 

stock  or  bonds  for  paying, 

BLANKS. 

and  forms  for  returns, 

BLOCK    SIGNALS. 

installation  of,  .... 

equity  jurisdiction  to  enforce, 
injury  to  signals,        .... 

BONDHOLDERS. 

may  request  examination  of  books,  etc. 
See  Corporate  Matters. 

BONDHOLDING. 

in  another  company,  when, 
not  permitted,  except,     . 


145 
154 


li) 


7 

7 

29 


134,  140 
134 


BONDS. 

issue  authorized,  purpose,  proceedings, 

amount  limited,  .... 

approval  and  certification  of, 

betterment  assessments,  paying  for,     . 

branches,  for  issue,  when, 

cash  premiums,  par  value,  may  be  computed, 


154 
156 
154 
154 
154 
47a 


conditions  precedent  to,      .  .  .  154-156 

consent  of  board,        ....         154,  155 

decision  within  thirty  days,     .  .  .        155 

consolidation,  for,      .....       140 
electricity,  furnishing  to  towns,  for,  .        154 

equitable  relief  as  to  issue,  .  .  .        156 

expert  investigation  of  cost  of  property,        .  4 

grade  crossings,  for  abolition,      .  .  .        154 

mortgages,  to  secure,  .  .  .         154,  156 

pleasure  resorts,  for,  ....        154 

power  houses,    car  houses,    park  buildings, 

rolling  stock,  etc.,  for,       .  .  .        154 

proceeds,  application  of,     .  .  .  .        156 

purchase,  in  case  of,  for,     ....        140 
savings  banks,  may  invest  in,  168,  169,  169a 

pledged  to,  as  collateral,  169 

secretary  of  commonwealth,  certificate  filed 

with 156 

stockholders  to  authorize,  .  .  .156 

BOOKS    AND    ACCOUNTS. 

board  to  examine,      .....  9 

bondholders  may  request  examination  of,     .  9 

continuance  of  uniform  system,             .           .  9,  169 

directors  may  request  examination  of,            .  9 

examination  from  time  to  time,             .           .  9 

by  request  of  directors,  etc.,    ...  9 

publication  in  Boston  daily  newspaper,  9 

penalty  for  refusal,           ....  10 

inspection  at  any  time  by  board,           .           .  9 
list  of  stockholders,  access  to,      .           .           .     9,  10 

neglect  to  keep,  penalty  for,         ...  10 

non -submission,  etc.,  penalty  for,          .           .  10 

publication  of  statements,             ...  9 

stockholders  may  request  examination  of,     .  9 
stock  books  to  be  kept  at  principal  office  in 

state 130,  131 

submission  to  railroad  commissioners,  10 

system  to  be  prescribed  by  board,        .           .  9,  169 


BOSTON. 

alteration  of  crossings  in,  board  to  act,  etc. 


11 


IXDKX    TO    STREET    RAILWAY    LAWS. 


229 


BOSTON    ELEVATED    RAILWAY. 

certain  enactments  applicable  to,  .        122 

exempted  from  law  as  to  school  fares,  .        153 

provisions  as  to  taxation,  .           .           .  164,  165 

BRAKES. 

equipment  with,  board  may  require,     .  .        151 

BRIDGE    ENGINEERS. 

expert,  appointment  of,  duties,   ...  4 

BRIDGE    GUARDS. 

to  be  built 149 

non-erection  of,  penalty,  .  .         149,  150 

BRIDGES. 

appointment  of  expert  bridge  engineers,        .  4 
alteration,   discontinuance,   town's  liability, 

when 14S,  149 

building  to  be  approved  by  board,                  .  25 
examination  by  experts,            ...  25 
further  examinations,  annual,  etc.,  .           .  25 
temporary  locations  for,           .          .  1226 
damages,  for  defective,  liability,  etc.,  149 
expense  of,  in  crossing  alteration   proceed- 
ings   11,  12 

floor  systems  for,        .....  25 
guards  upon,  penalty,  etc.,           .           .         149,  150 

opening  of,  for  repairs,  etc.,                   .          .  148 
See  Operation. 


BURIAL    GROUNDS. 

location  through,  punished. 


124,  125 


BY-LAWS. 

agents  or  officers,  may  determine  manner  of 

choosing 128,  129 

business,  management  and  conduct  of,  may 

determine,       .  .  .  .128 

meetings,  to  prescribe  time  of,     .  .        129 

to  fix  manner  of  calling,  .  .  .        129 

may  determine  quorum,  .  .  .        129 

operation,  as  to,  by  local  boards,  .  146,  147 

relief  societies,  of,  approval  of,  etc.,     .  .  22 

stock  certificates,  signing,  to  prescribe  man- 
ner of,     .  .  .  .  .  .        130 

lost,  how  replaced,  may  determine,  .       131 

treasurer's  bond,  to  fix,      .  .  .         128,  129 

vacancies,  filling,  may  prescribe  manner  of,        129 
See  also  Operation. 


c. 

CAPITAL    STOCK. 

issue,  increase,  etc.     See  Corporate  Mat- 
ters. 
securities  for  working  capital,      .  .  1546 

CAR    BARNS. 

private  land  locations,  to  reach, .  .  .        136 

CARS. 

approach  of,  notice,  as  to,  ...       150 

disorderly  conduct  in,  penalty,    .  .  .       150 

ejection  from,  for  evasion  of  fares,  .  23,  29 

expectoration  in,        .  .  .  .       Ill,  Ilia 

fenders,  wheelguards,  etc.,  upon,  .  .        151 

heating  of,  penalty,  enforcement,         .  151 

inspection  of,    .  .  .  .  .21 

missiles,  throwing  at,  ....         30 


CARS  —  Concluded. 

number  and  routes,  as  to,  ...        146 

obstruction  of,  on  other  railways,          .  .        151 

of  streets  by,  penalty,                .           .  150,  151 

platforms  for,  enclosed  when,       .           .  151,  152 

board    to   approve;     decisions,    effect  of; 

penalty,           ....  151,  152 

regulation  of  use,        .           .           .           .  1  16 

of  speed,         .           .           .           .           .  1  Hi 

sales  by  children  on,  penalty,      .           .  .        151 

special,  fares,  etc.,      ....  152.  153 

sprinkling,  use  of,       .           .           .           .  .134 

to  stop  at  railroad  crossings;   penalty.  .        150 
See  Rolling  Stock;  Operation. 

CASH    PAYMENT. 

for  new  shares  of  stock,       ....        131 

CERTIFICATE. 

before  construction,  by  directors,  .  .        132 

connecting  locations,  as  to,  133 

extending  time  for  construction,  132,  133 

extension  of  franchise,  ....  133 
incorporation,  of,  form,  fee,  .         127,  128 

of  purchasers  from  receivers,   .  .  ION 

operation,  preliminary  to,  .  ...        146 

on  private  land,      .  .  .  .  .137 

payment  of  capital,  filing,  .  .  .        132 

reduction  of  stock,  of,         ...  .       155 

private  land,  as  to  location  on,    .  .  .        137 

CERTIFICATE    OF   INCORPORATION. 

issue,  by  secretary  of  commonwealth,  form, 

fee 127 

land  damages,  to  be  secured,       .           .           .  127 

of  purchasers  from  receivers,       .          .          .  168 

organization  to  follow  issue,         .           .           .  128 

original  copy  to  be  evidence,        .           .           .  128 

preliminary  certificate  by  clerk  of  board,  127 

recording  with  agreement, .          .          .          .  127 

surrender  of,     .  .  .  .  .  .1(17 

See  Charter;  Corporate  Matters. 

CERTIFICATES,  STOCK.     See  Corporate 

Matters  (Capital  Stock). 

CHANGE    OF    NAME.     See  Name. 

CHANGES. 

board  to  suggest,  in  stations,  fares,  etc.,        .  8 


CHARTER. 

forfeiture  of,  when,    . 
issuance  of,  form,  fee, 
publication  of  petition  for, 
limitations  as  to  fares, 
surrender  of,      . 

See  Certificate  of  Incorporation 
special,  provisions  aa  to,     . 

See  Petition. 
CHECKS. 

free,  withdrawal  of,  etc.,     . 
board  to  approve, 


I  II 

127,  128 

37 

152 
167 

37 


154 

I.",  I 


CHILDREN. 

half  fares  for  pupils,             .  153,  153a 

sales  by,  on  cars;   penalty,  when,  .           .        151 

CITIES, 

distribution  of  tax,  appeal  to  board,  163 

excise  tax  payable  to,         .         .  162.  L63 


230 


INDEX    TO    STREET    RAILWAY    LAWS. 


CITIES  —  Concluded. 

may  furnish  electricity,  when, 
not  liable,  discontinuance  of  ways, 
route  in,  agreement  of  association, 

CITY    OFFICERS. 

complaints  by, .... 
may  petition  for  remedies,  when, 

CLERK. 

of  company;  election,  oath, 
temporary  clerk,  duties,  etc.,  . 
must  be  resident  of  commonwealth, 

penalty,      .... 
to  call  special  meetings, 

CLERK    OF    THE    BOARD. 

certificate  of,  preliminary  to  incorporation,  . 

COAL. 

transportation  of,       ....  . 

See  Corporate  Powers. 

COLORED  PERSONS. 

no  discrimination  against, 

COMMISSIONER    OF    CORPORATIONS. 

certificate  as  to  changes  in  officers  to  be  filed 
with,       ...... 

COMMON    CARRIERS. 

street  railways,  of  freight  and  baggage, 
authority  defined,      ..... 

failure  to  grant  appeal,       .... 

not    authorized    by    consolidation    or    lease, 
when,     ...... 

board  to  approve,      ..... 

petition  to  board,  when,     .... 

See  Corporate  Powers. 


141 

1  is 

122, 

168 

8,  9 

170 

128, 

129 

122 

43 

129 

43 

129 

134 


92 


135 
135 
135 

140 
135 
135 


COMMON    OR    PARK. 

location  on,  forbidden  after  twenty  years,    .       124 
public  parks,  lay-out  over,  restricted,  124,  125 

park  commissioners  may  approve  when,    .        125 
See    also     Location     and     Construction 
(Common  or  Park). 


COMMONWEALTH. 

contribution  to  grade  crossing  abolition, 
provisions  as  to,     .... 
bonds,  sinking  fund,  etc., 

excise  tax,  payable  to, 

COMMUTATION    TAX.     See  Taxation. 

COMPLAINTS. 

by  municipal  officers, 

by  employees;  secrecy  of, 

by  legal  voters,  .... 

examinations  into,  when,    . 

COMPLIANCE. 

certificate  of,  before  incorporation, 
before  operation,    .... 
on  private  land,      .... 

CONDITIONAL    SALE. 

of  rolling  stock,  payment,  recording,  etc. 
See  Rolling  Stock 


14 

17 

19 

161 


8,  9,  170 

9 

.      8,  9 


127 
146 
137 


25 


CONDITIONS    PRECEDENT. 

bond  issue,  to,  ... 

CONDITIONS. 

and  restrictions  at  grade  crossings, 

CONNECTING   CITIES   AND   TOWNS. 

extensions  into,  . 

See  Location  and  Construction. 

CONNECTING    LOCATION. 

application  to  board,  hearing, 
grant  of,  conditions,  .  .  .  . 

See    Location    and    Construction;    Cor- 
porate Powers. 


154 


.  10,  11 


133 


133 
133 


CONNECTING    ROADS. 

joint  use  of,       .....          .  134 

board  to  regulate,             ....  134 

consolidation  of,  approval  by  board,    .  30,  139,  140 

express  business  not  authorized  by,            .  140 

powers  and  duties  after,            .           .           .  140 

reduction  of  stock  upon  sale,  .           .           .  141 

vote  by  stockholders  approving,  .  .  140 
See  also  Consolidation  and  Sale. 

lease,  definition,          .....  140 

decision  by  board,  when,           ...  30 

conditions  of  lease,           ....  140 

copy  in  annual  return,    ....  169 

express  business  not  authorized  by,           140,  141 

terms,  approval  by  board,  .  .  30,  140 
See  also  Lease. 

operating  contract,  approval  of, .          .          32,  140 

annual  return  to  include  copy,           .           .  169 

CONSENT. 

to  crossings  over  or  under  railroad,      .           .  158 

to  grade  crossings,     .....  10 

CONSOLIDATION    AND    SALE. 

approval  by  railroad  commissioners,    .  30,  139,  140 

bonds,  issue  for,         .....  140 

capital,  increase  for,            ....  140 

and  debt,  aggregate  of,  not  to  be  increased,  140 
exchange  of  securities  for  those  of  selling  or 

merged  company,     ....  140 

express  business  not  authorized  by,      .           .  140 

facilities  for  travel  not  diminished,                  .  139 

fares,  not  to  increase,          ....  139 

limitation  of,     .           .           .                      .           .  139 

of  connecting,  intersecting,  etc.,  roads,           .  139 

by  authority  of  charter, ....  139 

by  special  act,         .....  139 

powers  and  duties  after,     ....  140 

proceeds,  not  to  be  used  for  dividends  unless,  141 

reduction  of  stock  upon  sale,        .           .           .  141 


terms,  approval  by  board, . 
vote    by   stockholders,   two-thirds, 
ing,         .... 


30,  140 


appro  v- 


140 


CONSTRUCTION. 

capital,  paid  in  before, 

certificate  that  capital  subscribed,  etc 

corporate  powers  to  cease,  if, 
limit  of  time  for, 

on  private  land, 
location  void  if,  in  eighteen  months, 
manner  of,  conditions,  etc., 
of  track  to  avoid  grade  crossings, 

See  Location,  etc.;  Corporate  Powers. 


132 

132 

132, 

133 

132, 

133 

136 

132, 

133 

123, 

124 

138,  157, 

158 

INDEX    TO    STREET    RAILWAY    LAWS. 


231 


CONSTRUCTION    OF    ACT. 

continuation  of  existing  statutes,  etc., 

CONSTRUCTION    OF    STREETS. 

transportation  of  material, 

CONTRACTS. 

leases,  etc.,  annual  return  to  contain, 
powers  of  company,  under, 
for  operation,  time  limited, 
conditions,  approval,  etc., 

See  also  Lease. 


171,  172 


134 


169 

140,  141 

139 

32,  140 


159,  160, 
122, 


CORPORATE    FRANCHISE. 

taxation  upon, ....  159,  160,  161 

additional  tax  if  dividends  exceed  8  per 

cent 161 

See  Taxation. 

CORPORATE    MATTERS. 

In  General. 

companies  subject  to  parts  1  and  3 

corporate  franchise,  taxation  of, 

corporate  name  regulated, . 
change  of,      . 

dissolution  for  issue  of  stock,  etc.,  by  foreign 

dividends,  proceeds  of  sale  of  road  for, 
stock,  etc.,  dividends  prohibited, 

equity  jurisdiction  as  to,     . 

first  meeting  after  incorporation, 

foreign  corporations,  stock  held  by, 

formation,  manner  of,  ...  . 

gauge  to  be  of  standard  width,    . 

meetings,  manner  of  calling, 

officers,  changes  in,  certificate  as  to,  to  be 
filed  with  commissioner  of  corpora- 
tions,     ..... 

property,    realty   and   personalty;     limit     of 

holding,  ....  133,  134 

return  by  lessee  to  lessor,  annually, 

stockholding  in  another,  authority  for 

working  capital,  securities  for,     . 


170, 


121 

161 

I  liS 

159 
141 
141 

155 
171 
I  28 
141 
122 
122 
129 


43 


170 

134 

1546 


Agreement  of  Association. 

contents  of 122,  168 

capital,  to  state,  ....  122,  168 
directors  to  be  subscribers,  122,  168 

fifteen  or  more  persons  to  sign,   .  .  .122 

gauge,  to  state,  .  .  .  .122 

length,  to  set  forth,   ....  122,  168 

name,  to  set  forth 122,  168 

par  value  of  shares,  to  state,        .  .         122,  168 

publication  and  evidence  of ,        .  122,  123 

where  published,  board  may  designate,  122,  123 
purchasers  from  receiver,  of,  .  .  167,  168 
route,  to  set  forth,  ....  122,  16S 
secretary    of    commonwealth,     to    be    tiled 

with 127,  167 

subscribers  not  bound  to  pay  more  than  ten 

percent,  unless,  ....  122 
termini,  to  set  forth,  .  122,  168 

towns  and  cities,  to  state,  .  122,  168 

Bonds. 

issue  authorized;    purpose  of ;    proceedings,  .  154 

abolition  of  grade  crossings,  for,              .  151 

amount  limited,           .....  156 

approval  and  certification  of,        .            .  154 

betterment  assessments,  paying  for,     .  154 


CORPORATE    MATTERS  —  Continued. 

branches,  for,  issue,  when,             .                       .  154 

cash  premiums,  par  value,  may  be  computed,  47a 

consent  of  railroad  commissioners,         .           .  155 

decision  within  thirty  days,      .            .            .  155 

consolidation,  for,       .....  140 

electricity,  furnishing  to  towns,  for,      .           .  154 

equity  jurisdiction  as  to,  application,              .  156 

penalty  for  wrongful  vote  or  issue,   .           .  156 

expert  investigation  of  cost  of  property,        .  4 

mortgages  to  secure  previous  issues.     .  156 

pleasure  resorts,  for,             ....  154 
power  houses,    car  houses,   park    buildings, 

rolling  stock,  etc.,  for,  154 

proceeds,  application  of,     ....  156 

purchase,  in  case  of,  for,     ....  140 

savings  banks  may  invest  in,  when,               16S,  169 

pledged  to,  as  collateral,            .           .  169 
secretary  of  commonwealth,  certificate  filed 

with,       ......  156 

stockholders  to  authorize,             .           .  156 


Books  and  Accounts. 

directors  may  request  examination  of, 
examination  by  board, 

by  request  of  directors,  etc.,    . 

publication  in  Boston  daily  newspaper 

penalty  for  refusal, 
inspection  at  any  time  by  board, 
list  of  stockholders,  access  to, 
neglect  to  keep,  penalty  for, 
publication  of  statements, 
stock  books,  to  be  kept  at  principal  office  in 
state,      .....         1 
submission  to  railroad  commissioners, 

non-submission,  etc.,  penalty  for, 
uniform  system,  continuance  of, 


9 
9 
9 
9 

10 

9 

9,  10 

10 
9 

50,  131 

9 

10 

9.  16!) 


By-laws. 

adoption  of,       .  .  .  .  .  .128 

agents  or  officers,  may  determine  manner  of 

choosing 128,  120 

business,  management  and  conduct  of,  may 

determine,       .  .  .  .129 

meetings,  to  prescribe  time  of,     .  .  .        129 

to  fix  manner  of  calling,  .  120 

may  determine  quorum,  .  .  .129 

stock  certificates,  signing,  to  prescribe  man- 
ner of,     .  .  .  130 
lost,  how  replaced,  may  determine,  131 
treasurer's  bond,  to  fix,      .          .          .         128,  120 
vacancies,  filling,  may  prescribe  manner  of,         120 

Capital  Stock. 

amount  required  per  mile,.         .         .         .  122 
assessment  on  shares;    collection:    liability; 

sales 131,  132 

certificate  of  payment   in,  filing  of,  132 

certificates,  each  stockholder  entitled  to,  130 

bond   to  indemnify  company  against    loss.  13J 
delivery  of  certificate  sufficient  to  transfer 

title 130 

directors   to   determine   conditions   of   new 

issue,       .  .  .  .  .  .131 

dividend  due  holder  of  record  until,  130 

lost  or  destroyed,  replace. I  when,  131 

new,  when  transferred  as  collateral  secu- 
rity if 130 

not   to  issue  until  par  value  lia     been   paid 

in   cash,  .  .  .  I.I 


232 


INDEX    TO    STREET    KAILWAV    LAWS. 


154, 


CORPORATE    MATTERS  —  Continued 
certificates,  provisions  as.to, 

shares,  number  of,  to  show, 
equity  jurisdiction  as  to,     . 
foreign  corporations,  held  by, 
increase  authorized,   .... 

approval  of  railroad  commissioners, 

auction,  sale  at,  when,    . 

board  to  determine  amount, 

cash  payment  for  new  shares, . 

certificate  for,  filed  with  secretary  of  com- 
monwealth,     ..... 

consolidation,  for;   limit, 

expert  investigation  of  cost  of  property,    . 

grade  crossings,  for  abolition  of, 

market  value,  offered  for  not  less  than. 

new  shares,  stockholders  entitled  to 

date  for  subscriptions,     .... 

notice  to  stockholders  of, 

par,  new  shares  for  not  less  than, 

pleasure  resorts,  to  acquire, 

price  of  new  shares,  commissioners  to  fix, 

proceeds,  application  of,  .  .  154 

provisions  of  parts  II.  and  III.  to  apply,  . 

subscriptions  for  shares,  time  for, 


130,  i:;i 
130 
156 
141 
154 

154,  155 
157 
155 
157 

156 

140 
4 
154 
157 
157 
51a 
157 
157 
154 
157 
156 
154 
157 


i>sue  of,  and  amount, 


131,  155,  156 


approval  of  railroad  commissioners,  155 

certificate  of  filing,           ....  156 

equitable  relief  as  to,  board  may  invoke.  .  156 

expert  investigation  of  cost  of  property,  4 

for  consolidation,   .....  140 

on  domestic  franchises  regulated,      .           .  141 

working  capital  for,          ....  1546 

par,  issue  for,  only,    .  .  .  .131 

value  to  be  one  hundred  dollars,  122,  168 

payment  in  before  certificate,      .                      .  131 

before  incorporation,        .  .  «  .127 

construction,  before  beginning  of,  132 

directors  liable  till  paid  in,  etc.,  132 

penalty  for  wrongful  vote  or  issue,  156 

preferred,  issue  of,     .          .          .                     .  526 

purchasers  from  receiver,  of,        .           .           .168 
reduction,  commissioners  may  authorize,  155 
certificate  of,  filing  with  secretary  of  com- 
monwealth,     .....  155 

directors'  liability,            ....  155 

distribution     of    proceeds     regulated     by 

board,     ......  155 

sale,  upon,  dividends  prohibited  unless.     .  141 
vote  of  stockholders  for,            .           .           .  155 
shares,  price  of,  stockholders  to  fix,  506 
stock  books,  to  be  kept  at  office  in  state,     130,  131 
competent  evidence  in  all  courts,                 .  131 
equity  jurisdiction  to  enforce,            .           .  131 
officers  liable  for  refusal  or  neglect  to  ex- 
hibit   131 

slock  issued  only  for  cash,            .           .  131 

transfer  of  shares;    record;    new  certificates,  130 
transferred  as  collateral  security,  certificate 

when 130 

pledgee  entitled  to,  when,        .          .          .  130 

pledgor  alone  liable  and  entitled  to  vote,  .  130 

working  capital,  issue  for,             .                      .  1546 

Certificate  of  Incorporation, 
issue  by  secretary  of  commonwealth,  form, 

fee 127 

land  damages  to  be  secured,                   .          .  127 

of  purchaser  from  receiver,                       .            .  168 

organization  to  follow  issue,                     .            .  128 

original  copy  to  be  evidence,                   .           .  128 


CORPORATE    MATTERS  —  Continued. 

preliminary  certificate  by  clerk  of  board,  .  127 

recording  with  agreement,  etc.,   .  .  .  127 

surrender  of,      .  .  .  .  .  .  167 

Construction. 

See  Location  and  Construction. 

Corporate  Powers. 

See  below. 

Directors. 

abolition  of  crossings,  may  petition  for,         .  12 

acceptance  of  locations  by,  .  .         124,  133 

alteration  of  crossings,  may  petition  for,  11 

agreement  of  association,  to  publish,   .         122,  123 
names  to  be  set  forth  in,  .  .  .       122 

number  to  be  named  in,  ...        122 

subscribers  to  agreement,  to  be,        .  .        122 

annual  choice  by  stockholders,  by  ballot,      .        128 
books  and  finances,  may  request   examina- 
tion,       ......  9 

capital  stock,  duties  as  to,     51a,  131,  132,  155,  157 

increase  of,  duties  as  to,  .  .        157 

penalty  for  wrongful  issue,       .  .  .        156 

personally  liable,  when,  .  .         132,  155 

reduction,  distribution  of  proceeds,  .        155 

clerk  and  treasurer,  to  appoint,  .  .        128 

construction,  preliminary  certificate  before,        132 

duties  and  powers  in  general,       122,  123,  124,  1286 

annual  report  to  board;   oath,  .  .        169 

capital  stock,  duties  as  to,  51a,  131,  132,  155,  157 

132 
122 
128 


liability  till  capital  paid  in, 

clerk,  temporary,  appointment  of, 
to  elect,      ..... 

construction,    preliminary    certificate    be 
fore,        ..... 

first  meeting,  to  call, 

president,  to  elect, 

treasurer,  to  elect, 
locations,  powers  as  to,  defined, 
meetings  of,      . 

may  be  within  or  without  commonwealth 

waiver  of  notice,  filing  of, 
organizations  purchasing  from  receiver,  of, 
personal  liability  until  payment  of  capital, 

capital  stock,  in  case  of  reduction  of, 
stock,  etc.,  dividends,  liability  as  to,  . 
stock  certificates,  to  determine,  conditions  of 

new  issue,        .... 
stockholders,  to  be,  unless, 
subscribers  to  agreement,  etc.,     . 
treasurer,  to  appoint, 
vacancies  among  officers,  to  fill. 

Dissolution. 

for  issue  of  stock  by  foreign  owner, 
majority  of  stockholders  may  petition  for, 
supreme  or  superior  court,  jurisdiction, 
notice  and  hearing,  decree, 
continuance  as  body  corporate,  three  years 
suits,  prosecution  or  defence,  of, 
jurisdiction  in  equity  to  appoint  receiver, 
receiver,  application  for,  rights,  duties, 

debts,  payments,  proof,  distribution,  etc 

balance  remaining,  distribution,  etc., 
surrender  of  charter,  certificate, 

majority  of  stockholders  may  apply, 

publication  of  notice, 

secretary  of  commonwealth,  duties, 
return  to  secretary  of  commonwealth, 


132 
128 
128 
12S 
1286 
130 
130 
130 
168 
132 
155 
155 

131 
128 
122 
128 
122 


141 
166 
166 
166 
166 
166 
166 
166 
166 
166 
167 
167 
167 
167 
167 


INDEX    TO    STREET    RAILWAY    LAWS. 


233 


CORPORATE    MATTERS  —  Continued. 
sale  of  railway  by  receiver,   rights  pass   to 

purchaser,        .....  167 

municipal  liabilities  assumed,            .          .  167 

mortgagee's  rights  unimpaired,          .           .  167 
formation    of    new   company,   agreement, 

etc 167 

name,  termini,  capital,  etc.,            .           .  168 

certificate  of  incorporation,  recording,    .  168 

powers  of  company  to  cease,  unless,       .  168 

Dividends. 

due  to  holder  of  record  until,                  .           .  130 
exceeding    eight    per    cent.,    additional    tax 

when,      ......  161 

proceeds  of  sale  of  road  for,     "     .           .           .141 
prohibited  unless  stock  is  reduced,   .           .  141 
return  of,  to  tax  commissioner,   .           .           .  160 
stock  or  scrip,  etc.,  prohibited,    .          .          .  155 
directors  liable,  penalty  recovered  by  in- 
dictment,        .....  155 

not  liable  if  dissent  in  writing  is  filed,    .  155 

unclaimed,  publication  of  list,      .           .           .  131 

Foreign  Corporations. 

capital  stock  held  by,  .  .  .  .141 

issuing  stock  on  domestic  company,  dissolu- 
tion,       ......  141 

bonds,  issued  upon,  dissolution  unless,       .  141 

jurisdiction  in  equity  to  enforce,       .           .  141 

attorney-general  may  proceed,  141 

not  to  affect  prior  rights,           .           .           .  141 

Location. 

establishment  of  corporation  to  follow,  127 
See  Location  and  Construction. 

Meetings. 

annual,  time,  place,  fixed  by  by-laws, .          .  129 

to  be  held  within  commonwealth,     .           .  129 

notice  fixed  by  by-laws  unless,                    .  129 

majority  in  interest  a  quorum  unless,         .  129 

purposes  of  meeting  to  be  stated.     .          .  129 

annual,  waiver  of  notice,    ....  129 

warrant  of  justice  of  peace  when,      .           .  129 

directors,   within  or  without   the   common- 
wealth   130 

without  notice  when,       ....  130 

waiver  of  notice  to  be  filed,      .           .           .  130 

first,  calling  after  incorporation,            .           .  128 
manner  of  calling,             .           .           .           .128 

proxy  voting,  regulation  of,          .           .           .  130 

special,  calling  by  clerk,      ....  129 

voting  by  stockholders,       ....  130 
by  persons  in  fiduciary  capacity,                 .  130 
on   shares  of   company's  own   stock   pro- 
hibited,               130 

Mortgages. 

authorized;   purposes  of,     .           .           .           .  154 
bonds  to  secure,          .          .          .          .          .154 

railroad  laws,  part    II  .  §§  48-56,  applicable,  154 

receiver,  sale  by,  not  to  impair  powers  under,  167 

Notes. 

consent    of    railroad    commissioners;     deci- 
sion,       .....         155,  156 
equity  jurisdiction  to  enforce,      .                      .  156 


CORPORATE    MATTERS 

issue  authorized, 
limit  of  issue,    . 
proceeds,  application  of, 


Continued. 


155,  156 

155 

.        156 


Officers. 

choice   or  appointment,    prescribed    by    by- 
laws, except,  .  .  .  .128 

changes   in,    certificate    to    commissioner   of 

corporations,  .....  43 

penalty  for  neglect,  ....         43 

clerk,  election  and  oath,      .  .  .         128,  129 

must  be  resident  of  commonwealth,  43,  129 

penalty,      ......  43 

special  meetings,  to  call,  .  .  .129 

temporary  clerk,  appointment  and  duties,        122 
directors.     See  above. 

president,  choice  of,  by  directors,  .  .       128 

director,  to  be  a,    .  .  .  .  .       128 

treasurer,  election  and  bond,       .  .         128,  129 

bonds,  to  record,    .....  47 

temporary  treasurer,  appointment  and  du- 
ties  122 

Organization. 

first  meeting  of  incorporators,     .          .  .       128 

notice  signed  by  majority  of  directors,  .       128 

recorded  on  records  of  company,      .  .       128 

waiver  of  notice  by  all  incorporators,  .        128 

by  adoption  of  by-laws,      ....       128 

election  of  not  less  than  five  directors,  128 

temporary  clerk  to  attest  records  until,  128 

officers  to  be  chosen,           .          .  .128 

duties  of 128,  129 

of  purchasers  of  road  from  receiver,  167,  168 

failure  to  effect,      .          .          .          .  .168 

Receiver. 

appointment    of,    by    supreme    or    superior 

court,     ......  166 

sale,  etc.,  of  property  by  court's  order,          .  167 
not  to  impair  mortgages,           .           .           .167 

organization  upon  purchase  from,         .          167,  16S 

agreement  of  association,  record  of,            .  168 

subscribers  to,     .           .           .           .           .  168 

capital  stock,  limit  of,     .          .          .          .  168 

organization  upon  purchase  from,  certificate 

of  incorporation,       ....  168 

cities  and  towns,  where  located,  to  be  given,  168 

court  ordering  sale,  dates,  etc.,          .           .  168 

directors,  number  and  names,            .           .  168 

failure  to  organize,  effect  of,    .           .           .  168 

length  of  railway  to  be  given, .           .           .  168 

name  to  be  assumed,       ....  168 

corporate  name  of  former  owner,             .  168 

rights  and  duties,  .....  168 

termini  to  bo  stated,       ....  168 

to  pay  debts  and  distribute  surplus,     .            .  166 


169 
170 
170 


Returns. 

annually,  to  board;   oath,  . 

amendment  of  defect  iv •  erroi i  . 

blanks  to  be  furnished, 

system  prescribed  by  board,    . 

contracts,  leases,  etc.,  to  contain, 

dividends  and  length  of  line,  of,  to  tax  com- 
missioner,        ....  159,  160 

earnings  and  length  of  track  to  assessors. 

form,   changes  in,   to  be  communicated   to 
companies,       ..... 


10,  169 
169 


L62 


170 


234 


INDEX    TO    STREET    RAILWAY    LAWS. 


CORPORATE    MATTERS       Concluded. 

lessee  to  make  returns  to  lessor,.  170 

liable  to  lessor  for  failure,         .          .          .  170 

lessor  responsible  for  correctness,                    .  170 

penalty  and  proceedings  for  neglect,  170 

tables  and  abstracts,  transmission  of,              .  6,  170 

Stockholders. 
books  and  accounts,  may  request  examina- 
tion of,  ......  9 

bonds,  vote  for  issue  of,      ....  156 

capital  stock,  vote  for  reduction  of,  155 

proceeds,  distribution  among, .          .          .  155 

consolidation  or  lease,  vote  for,  .           .          139,  140 

lists  of,  access  to,  by  board,         ...  9 
may  apply  to  supreme,  etc.,  court  as  to  stock 

and  bond  issues,       .  .  .  .156 

majority  to  approve  leases,           .           .           .  1  10 
two-thirds    to    apptove    consolidation    or 

sale 140 

two-thirds  to  approve  change  of  name,  159 

may  apply  for  surrender  of  charter,  167 

may  petition  for  dissolution,    .           .  166 

meetings  of,      ....          .         129,  130 

new  shares,  entitled  to,       ....  157 

cash  payment  for,             ....  157 

notice  of,        .....           .  157 

price  of,  may  fix,    .           .           .           .           .  506 

subscriptions,  time  for,   ....  51a 

special  meetings,  may  request,    .           .           .  129 

stock  certificate,  each  stockholder  entitled  to,  130 

votes  at  meetings,      .....  130 

Taxation. 

corporate   franchise,    etc.,   tax.     See   Taxa- 
tion. 


CORPORATE    NAME. 

regulated, 

change  of,      . 

See  Name 


122,  168 
159 


CORPORATE    POWERS 

authority   to   construct,  maintain  and  oper- 
ate railway,     .  .  .  .13 

board  may  extend  time,  after  notice  and 
hearing,  ..... 

building     within      eighteen      months      or 
powers  to  cease,        .  .  .13 

certificate  that  due  diligence  has  been  exer- 
cised, etc.,        ..... 
baggage,  freight,  express  matter,  may  con- 
vey,        ...... 

board  to  approve  extent  of  use,  etc., 

certificate  of  public  necessity  and  conven- 
ience,     ...... 

consent  of  local  authorities  necessary, 

laws  as  to  common  carriers  to  apply, 

military  supplies,  may  transport, 

milk  and  cream,  may  transport, 

regulations  and  restrictions,     . 

board  to  approve,         .... 

United  States  mail,  may  carry, 
connecting  or  "missing  link"  locations, 

abutters   notified  by  publication  or  other- 
wise,       ...... 

application  to  board  within  thirty  days  of 
refusal,  etc.,     ..... 

board  may  enter  decree  granting  location, 

to  prescribe  appliances,  conditions  and 

obligations,      ..... 


2,  133 
133 

2,  133 

133 

135 
135 

135 
135 
135 
1346 
135a 
135 
135 
134 
133 

133 

133 
133 


133 


CORPORATE    POWERS  —  Concluded. 

connecting  or  "missing  link"  locations,  fil- 
ing of  written  acceptance  of  location 
within  thirty  days,  or  void,        .  .        133 

notice  and   hearing,    to   local  authorities, 

etc 133 

extension  of  authority  to  operate  in  adjoining 

towns,  etc.,      .....        133 
board  to  certify  to  public  necessity  and 

convenience,   .....       133 
certificate   to   be   filed    with   secretary   of 

commonwealth,         ....        133 
general  laws  as  to  location,  construction, 

etc.,  to  apply,  .  .  .  .133 

gravel,  street  sweepings,  snow,  ice,  etc,  may 

convey,  .....        134 

coal  and  other  supplies,  may  convey,  131 

consent  of  local  authorities,     .  .  131 

contracts  with  cities  and  towns,  for  trans- 
portation, may  make,        .  .  .134 
with  Massachusetts  highway  commission,       134 
material  for  construction,  grading,  repair- 
ing, etc.,           .....        13! 
joint  use  of  tracks,  permission  for,        .  134 
board  to  determine  extent  of  such  use,      .        134 
rules  and  regulations  fixed  by  board,  134 
may  purchase  necessary  real  and  personal 

estate 133,  134 

not  to  hold  stock  or  bonds  of  another  com- 
pany unless,    .....        134 
motive  power,  electricity,  or  other,  may  be 

used,       .  .  .  .  .134 

board  to  determine,  ....        134 

pleasure  resorts,   may  acquire,   hold,  main- 
tain, etc.,         .....        134 
admission  to  grounds  to  be  free,        .  .        134 

board  to  approve  purchase,  etc.,       .  .        134 

intoxicating    liquors    not    to    be    sold    on 

grounds,  .....        134 

land  not  to  be  sold  without  approval  of 

board 134 

stock  or  bonds  for,  issue  of,      .  .  154 

subject   to   restrictions   imposed   by   local 

authorities,      .  .  .  .134 

board  to  approve,        ....        131 
street  sprinkling  cars,  may  be  used  on  tracks,        134 
companies  may  contract  to  furnish  power, 

etc 134 

extent  of  use  regulated  by  board,     .  134 

regulations  and  restrictions,  to  make,     .        134 

CORPORATIONS. 

formation  of,     .  .  .  .  .  .        122 

after  receiver's  sale,  .  .  .         167,  168 

See  Corporate  Matters. 
commissioner  of,  certificate  as  to  change  in 
officers  to  be  filed  with,     . 


43 


COUNTY    COMMISSIONERS. 

appeal  to,  as  to  local  valuations, 
powers  of,  exercised  by  selectmen  when, 
decision,  necessity,  in  alteration  crossing  pro- 
ceedings, .  .  .  .  . 
board  to  act  as,  in  Boston,  alteration  of  cross- 
ings,       ...... 

COUPON  BONDS. 

Kit  registered,     ...... 


160 
138 


154 


COUPON    NOTES. 

issue  of,   . 


155.  156 


INDEX    TO    STREET    RAILWAY    LAWS. 


235 


COURT.     See     Supreme    Judicial     Court; 
Superior  Court. 

CREAM. 

transportation  of,       . 


135a 


CRIMES    BY    AND    AGAINST. 

accommodations,  neglect  of, 
annual  returns,  neglect  to  make, 
books,  neglect  as  to, 
bridge  guards,  non-erection  of,    . 


152 

170 

10 

149,  150 


capital  stock  or  bonds,  for  wrongful  issue,    .        156 

children,  allowing  sales  by,  .  .  .        151 

crossings,  stopping  of  cars  at,      .  .  .        150 

disorderly  conduct  on  cars,  .  .  .        150 

electricity,  unlawful  use  or  diversion  of,         .      1426 

employees,  assaults  upon,  ...  30 

loss  of  life  of 27,  28 

obstructions  by,     ....         150,  151 
platform  enclosure,  neglect  of,  .  .        152 

equitable  remedies  against,  .  .  .170 

attorney  general  to  proceed,  when,  .        170 

petitions  of  municipal  authorities  for,  170 

expectoration  in  cars,  stations,  etc.,     .       Ill,  Ilia 

explosives,  placing  on  tracks,       .  .  .        150 

fares,  evasion  of,         . 

school  pupils,  refusal  of  half  rates  to, 

heating  cars,  neglect  of, 

injury  to  block  signals, 

life,  endangering  by  obstruction  of  tracks 
loss  of,  recovery,    .... 

loitering  in  stations, 

loss  of  life,  negligently  causing,  . 

missiles,  throwing,  at  cars,  etc., 

passes,  as  to,     . 

non-removal  of  tracks  on  revocation,  . 

platforms,  failure  to  enclose, 

poles  or  wires,  destruction  of, 

regulations  as  to  speed,  etc.,  violation  of, 

signals,  injury  to,       .... 

streets,  or  cars  of  other  railways,  obstruction 

of 150,  151 

tracks,  obstruction  of,  endangering  life, 
use  of,  neglect  of  regulations, 

transfers,  misuse  of,  ... 


29 
153 
151 

29 

150 

27,  28 

150 

27,  28 

30 
153 
144 
152 
142c 
146 

29 


150 
146 
154 


ways,  use  of,  regulations;  penalty,       .         146,  147 
See  Penalty. 

CROSSINGS. 

In  General. 

of  steam  railroads,  regulated,       .  .    10,  11,  150 

overhead  structures,  consent  of  board,  .        158 

over  or  under  ways,  consent  to,  .  65 

aldermen  or  selectmen  may  authorize, 

Massachusetts  highway   commission    may 

authorize,        ..... 

on  ways,  authorization,       .... 

stopping  cars  within  100  feet  of. 


138 
158 


1 58 
158 
150 


Abolition  of  Crossings, 
directors  may  petition  for, 
action  of,  as  to,  .... 

appointment  of  special  commission, 

members  of  board  may  be  appointed, 
:iu<li(or.  appointment,  duties, 
companies  to  be  made  parties,     . 
contribution  toward  cost,  provisions  as  to, 
costs,  taxing  of.  etc., 

plans,  cost  of,  discretion  to  allow,     . 


12 
1286 
13 
13 
17 
13 
15 
13 
13 


1  1, 


1  1, 


14, 


CROSSINGS— Concluded. 

expense,  of  changing  track  included  in  cost, 
assessment  of,  upon  companies, 
right  of  appeal  for  revision, 
commonwealth  not  to  be  assessed  when 
additional  assessment  on  companies, 
reimbursement,   if   locations  arc  changed 
etc.,         ..... 

amount  to  be  ascertained  by  board, 
expenditure  of,  board  to  approve, 
highway,  expense  of,  to  contribute,  when, 

reimbursement,  when,  how  expended 
location  and  grades,  changes  in,  determina- 
tion,       .... 

decree  of  court  to  establish,     . 
equity  jurisdiction  to  enforce, 
or  avoidance  of,  approval  of  board,  when,   138, 
companies    considered    railroad    corpora- 
tions, when,     . 
party  to,  may  petition, 
payments  by  commonwealth,  etc., 
purchase  of  land  for, 

description  to  be  filed,     . 

track  outside  way,  construction, 

within  limits  of  way,  when, 

report  of  commissioners,  approval  by  board 

stock  or  bonds  for,     . 

transfers  to  loan,  etc., 

valuation   of   property,   assessment   deemed 

part,       ...... 

payment  of  assessment,  stock  or  bonds  for, 

Alteration  of  Crossings. 

award,  street  railways  included,  etc., 
county  commissioners  to  decide  as  to 
sity 

in  Boston,  railroad  commissioners  to  act, 
cost,  percentage  of,    .  .  .  .  .1 

expense,  recovery  of  proportion  of, 
may  ask  for  commission,    . 
neglect;    remedy;    action  of  contract, 

cover,     .... 
special  commission,  appointment  of, 

one  member  selected  from  board, 

shall  make  award, . 

revision  of  award,  application,  etc., 

equity  jurisdiction  to  enforce, 
to  share  expense  of  bridge, 

as  to  approaches,  etc.,    .  .  .  .1 


11 
14 
15 
14 
14 

15 
15 
15 
14 
15 

15 
15 

17 
158 

138 

13 

19 

157 

158 

158 

158 

20 

15 

20 

15 
15 


11 

11 
11 
1,  12 
12 
12 

12 
12 
12 
12 
12 
12 
11 
1,  12 


Grade  Crossings. 

of  railroads,  board  to  consent,     . 

cars  stopped  within  100  feet  of, 

conditions  and  restrictions  as  to,  .  10 

regulations  as  to,   .  .  .  10,  11, 

of  highways,      ...... 

proceedings  for  abolition, 

companies    considered    railroad     corpora- 
tions,      ...... 

abolition  or  avoidance,  land  takings  for,       15 

aldermen  or  .selectmen  to  approve,   . 

board  to  approve,  .... 

abolition  or  avoidance,  plan,  notice,  bearing, 

etc.,        ...... 

purchase  of  land  for.         .... 

land    of    railroad    or    other    street   railway 
taken,     ...... 

board  to  adjudicate,    .... 

deed  and  plan  to  be  filed, 
damages,  railroad  law  to  apply, 
private  land  location,  for  avoiding, 


10 
150 

11 
150 
138 
138 

L38 
158 
L58 
158 

1 58 

157 

L58 

158 
[58 

1 58 
157 


230 


INDEX    TO    STREET    RAILWAY    LAWS. 


D. 

DAMAGES. 

for  defective  bridges,  liability,  etc. 

for  defective  ways,     . 
for  land  taking,  etc., 
for  loss  of  life  through  negligence, 
liability  for,  employer's, 


149 

149 

-63,  138 

.27,  28 

.  80-82 


DEATH. 

employees,    froni    negligence,    recovery    by 
when, 

executor,  etc.,  to  sue  for, 

limitation  of  actions,  etc., 

parties  beneficially  entitled, 
from  negligence,  recovery  for, 

due  care  prerequisite, 

DEBTS. 

to  be  paid  by  receiver,  etc., 

DECISIONS. 

by  board,  force  and  effect, 

DEED    AND    PLAN. 

filing,  abolition  crossings,   . 

DEFECTIVE    RETURNS. 

amendment  of, 


152 


158 


10,  170 


DEFINITIONS. 

street  cars,  as  to  platforms,  .  .  .       152 

board  of  aldermen,  extension,  location,  orig- 
inal, public  way,  railway,  selectmen, 
street  railway,  .  .  .  .121 

railroads  and  railways,        .  .  .  35,  121 

DIRECTORS. 

acceptance  of  locations  by,  .  .         124,  133 

agreement  of  association,  to  publish,    .  .        122 

number  to  be  set  forth  in,  .  .        122 

abolition  of  crossings,  may  petition  for,  12 

action  of,  as  to  locations,  abolition  of  cross- 
ings, etc.,        .....      1286 

alteration  of  crossings,  may  petition  for,        .  11 

annual  choice  by  ballot,      .  .  .  .128 

books  and  finances,  may  request  examination,  9 

capital  stock,  duties  as  to,     51a,  131,  132,  155,  157 

penalty  for  wrongful  issue,       .  .  .        156 

personally  liable,  when,  .  .         132,  155 

increase,  duties,  as  to,     ....        157 

reduction,  distribution  of  proceeds,  .        155 

clerk  and  treasurer,  to  appoint.  .  .        128 

construction,  preliminary  certificate  before.        132 
duties  and  powers  in  general,  122,  123,  124 

extension  of  location,  action  as  to,  143a 

annual  report  to  board,       ....        169 

first  meeting,  to  call,  ....        128 

liable  until  capital  is  paid  in,        .  .  .        132 

when  capital  is  reduced,  .  .  .        155 

meetings  of,      .....  .       130 

officers,  to  elect,         ....         122,  128 

organizations  purchasing  from  receiver,  of,  .        168 
president  to  be  a  director,  .•  .  .        128 

report,  annual,  to  board,    ....        169 

subscribers  to  agreement,  etc.,     .  .         122,  168 

stock  certificates,  to  determine  conditions  of 

new  issue,        .  .  .  .  .131 

stock  dividends,  liability  as  to,    .  .  .        155 

stockholders,  to  be,  unless,  .  .  .       128 

vacancies  among  officers,  to  fill,  .         122    129 

See  Cokporati:  .Matters. 


DIRT. 

transportation  of,       . 

DISCONTINUANCE. 

may  be  ordered  temporarily, 
track  removal  upon,  etc  ,    . 
ways,  of,  city  or  town  not  liable  for,    . 
repairs  on,     ..... 

DISORDERLY    CONDUCT. 

in  public  conveyances, 

DISSOLUTION. 

for  issue  of  stock  by  foreign  owner, 
of  companies,  petition,  etc., 

See  Corporate  Matters. 

DISTRICT    POLICE. 

to  enforce  laws  as  to  car  heating, 
to  enforce  weekly  payment  law, . 

DIVIDENDS. 

due  to  holder  of  record  until, 

exceeding    eight    per    cent.,    additional  tax 

when,     ..... 
proceeds  of  sale  of  road  for, 

prohibited  unless  stock  is  reduced,    . 
return  of,  to  tax  commissioner,  . 
stock,  etc.,  prohibited, 

directors  liable,  penalty  recovered  by  in 
dictment,         .... 
not  liable  if  dissent  in  writing  is  filed, 
unclaimed,  publication  of  list, 
West  End  Street  Railway  Company,  of, 

DOMESTIC    CORPORATIONS. 

stock  held  by  foreign, 

issue  of  stock  upon,  dissolution, 

DUE    CARE. 

prerequisite,  injuries,  etc., 


.   134 


148 
147 
148 
148 


150 


141 
166 


151 
86,87 


130 

161 
141 
141 
160 
155 

155 
155 
131 
169 


141 
141 


27,  28 


DUTIES. 

directors,  and  powers  of, 

inspectors,  of,    . 

lessees,  of, 

purchasers  from  receiver,  of, 


street  railways  after  consolidation,  of. 


E. 

EJECTION. 

from  cars,  for  evasion  of  fares, 


122,  123,  124,  128 

24 

140 

168 

140 


.  23,  29 


ELECTRICITY. 

cities  and  towns  may  furnish,  when,  .        141 

not  to  manufacture  for  operation  of  cars,        141 

diversion  of,  unlawfully,     ....      1426 

destruction  of  poles  or  wires,  penalty,  .      142c 

motive  power  for  cars,         .  .  .  .134 

towns  may  purchase,  when,  .  141,  142 

board  to  approve  terms,  .  141,  142 

contracts  limited  to  ten  years,  .         141,  142 

delivery  for  distribution  of,      .  .  .142 

manner  of  distribution  fixed  by  board,      .        142 

meters  to  be  part   of  distributing  system,        142 

municipal  lighting  laws,  to  apply  when,    .        142 

price,  board  to  fix  if  disagreement,  .  142 

selectmen,  application  to  board,  142 

unlawful  use  or  diversion  of,        .  .  1426 


[NDEX    TO    STREET    RAILWAY    LAWS. 


237 


ELEVATED    RAILWAY. 

half  fares  upon,          .....  153a 
Boston    Elevated    Railway   Company  ex- 
empted,           .....  153 
petition  for  charter  to  general  court,    .  37 
liability  for  accidents  to  employees,      .            .  SOc 

EMERGENCY    TOOLS. 

equipment  with,  board  may  require,    .  .       151 

EMINENT    DOMAIN. 

land  taking  by 137,  138 

companies    considered     railroad     corpora- 
tions, when,     .....        138 

limitation,      ......        138 

subject  to  railroad  laws,      ....        138 

See  Private  Land. 

EMPLOYERS'    LIABILITY. 

provisions  as  to,  .  .  SO.  S06,  80c,  80d,  81,  82 


ENFORCEMENT    OF    LAWS. 

by  board, 

by  courts,  equity  jurisdiction, 

EMPLOYEES. 

assaults  upon,  penalty, 

bond  not  required  of, 

complaints  by;  secrecy  of, 

day's  work  for, 

holidays,  etc.,  exceptions, 
rest,  one  day  in  seven,    . 

death  from  negligence,  recovery 
executor,  etc.,  to  sue  for, 
limitation  of  actions,  etc.. 
parties  beneficially  entitled, 

employer's  liability,  etc.,  80,  806, 
on  elevated  railways, 

obstructions  by, 

platform  enclosure,  neglect  of, 

recommendation  by  public  officers, 

relief  societies,  report  to  board,  etc., 

weekly  payment  of,  . 


170 


30 

85 

9 

85,  152 

.       152 

85 

by,  when,  .   28,  29 

28 

28 

.  27,  28 

SOc,  80d,Sl,81a,82 

80c 

150,  151 

152 

.  85,  86 

.  21,  22 

86 


EQUIPMENT. 

In  General. 

block  signals,  installation  of,        . 

equity  jurisdiction  to  enforce, 
brakes,  equipment  with,  board  may  require, 
bridge  guards,  to  erect,       .  .  .         149,  150 

emergency  tools,  equipment  with,  board  may 

require,  .... 

fenders  and  wheelguards,  equipment  with 
heating  of  cars  required, 
motive  power,  board  to  decide,  . 

steam,  not  permitted, 


7 
151 


151 
151 
151 
134 
134 


Rolling  Stock. 

attachment  of,  restrictions  as  to, 

void  unless  other  property  first  demanded 
conditional  sale  of, 

acknowledgment,  recording,  fee, 

general  laws  not  to  apply, 

name  of  owner,  etc.,  to  bear,  . 

payment,  of  price,  record,  fee, 
car  heating,  neglect, 
inspection  of,    . 

number  and  routes  of  cars,  regulated, 
obstruction  of  cars  by  other  railways, 
stations,  and,  suggestions  as  to, 


26 

26 

25 

26 

26 

26 

26 

151 

24 

146 

151 

8 


EQUIPMENT  —  Concluded. 

Waiting  Rooms, 
board  may  supervise,  ....  8 

complaints  by  local  authorities,         .  .       S,  9 

EQUITABLE    RELIEF.       See    Suprimi 
JumciAL  Court;  Superior  Court. 

EQUITY    JURISDICTION.     See    Supreme 

Judicial  Court;   Supkriok  Court. 

ERRONEOUS    RETURNS. 

amendment  of,  ....  10,  170 

ESTABLISHMENT   OF   CORPORATION. 

to  follow  location,      .  .  .  .  .127 

EVASION. 

of  fares;   penalty,        .....  29 

passenger  may  be  ejected  for,      .  .  .  23,  29 

may  be  arrested  by  street  railway  police,  .  23 

EVIDENCE. 

at  inquests,  verbatim  report  for  board,  .  27 

expenses  of,  approval,  etc*.,       ...  27 

fees,  etc.,  at,  .....  27 


EXAMINATION. 

into  complaints  by  board,  when, 
of  books  and  accounts  by  board. 

See  Books  and  Accounts. 
of  bridges,  by  experts, 
of  relief  societies,  etc.,  by  board, 

EXAMINATIONS. 

at  inquests;   direction  by  inspectors,    . 


8,  9 
9 


L'l 


EXCISE    TAX. 

on  earnings  of  roads,           .          .          .  .162 

application  to  repairs,  etc.,  of  ways,  163,  164 

payable  to  cities  and  towns,     .           .  .        163 

revision  of,  by  board,      .           .           .  .163 

See  Taxation. 

EXECUTOR. 

to  sue  for  damages,  death  of  employees,        .  28 

may  vote  on  stock  held  by  him,  .  .        130 

EXEMPTION. 

from  local  taxation,  when.  .  .  .161 

See  Taxation. 
Boston  Elevated  railway,  as  to  school  fares,         153 

EXPECTORATION. 

in  cars,  waiting  rooms,  etc.,  .  .       Ill,  Ilia 

EXPERTS. 

employment  by  board,        ....  4 

to  examine  bridges,   .....  25 

to  make  appraisals  of  property,             .           .  4 

EXPLOSIVES. 

marking  of,  regulated,         .           .           .  .1126 

carrying,  regulated,   ....  97,  9S,  99 

placing,  on  tracks  prohibited,      .          .  .       150 

EXPRESS    BUSINESS. 

authority  defined,  .....  135 
board  to  approve,  .....  135 
petition  to  board,  when,  ....  135 
not  authorized  by  consolidation  or  lease.  1 40,  141 
See  Corporate  Powi  as 


238 


INDEX    TO    STREET    RAILWAY    LAWS. 


EXPRESS    COMPANIES. 

supervision  of,  by  board,    . 
returns  of,  time  for  filing,  etc, 

EXTENSION. 

definition,  .... 

EXTENSION    OF   FRANCHISE, 
into  adjoining  towns, 

certificate,  filing  with  secretary, 


7,  S 
106,  1146 


121 


133 
133 


133 

154 

ion), 

133 

133 

133 

143, 

143a 

143, 

143a 

Cor- 

EXTENSION    OF    TIME. 

for  constructing   and   operating,    etc.,    rail- 
way  132,  133 

See  Corporate  Powers. 

EXTENSIONS. 

adjacent  cities  and  towns,  in, 
bonds  for,  .... 

connecting  cities,  etc.  (connecting  location) 

application  to  board,  hearing, 

location,  granting,  conditions, 
local  extension,  approval  of, 

petition,  hearing,  notice, 
See    Location    and    Construction; 
porate  Powers. 


F. 

FACILITIES. 

not  diminished  by  consolidation,  .  .       139 

or  by  lease,   ......       140 

FARES. 

changes,  board  to  suggest,  ...  8 

charter  limitations  of,  as  to,  .  .        152 

consolidation  not  to  increase,       .  .  .        139 

establishment  of,        ....  .        152 

evasion  of,  penalty,  .....         29 

ejection  from  cars,  for  evasion,  .  .  23,  29 

leased  roads,  on,  not  increased,  .  .  .        140 

legislature  may  revise,         .  .  .  88,  154 

passes,  issue  of,  regulated, ....       153 
private  school  pupils,  ....        153 

public  evening  schools,  pupils  of,  .  .     153a 

regulated  as  on  railroads,  .  .  .  S8,  154 

school  pupils,  half  rates  for,         .  .  .     153a 

penalty  for  refusal,  ....     153a 

Boston   Elevated  Railway  Company,   ex- 
empted, .  .  .  .  .153 
transfers,  regulated,  discontinuance  of,  .        154 

misuse  of,  penalty,  ....        154 

workingmen's  rates,  .  .  .  .153 

FEES. 

at  inquests,        ......  27 

of  street  railway  police,       ....  24 

FENDERS. 

requirement  by  board,         ....        151 
rules  as  to,    .  .  .  .  .  .       151 

FIDUCIARY    STOCKHOLDERS. 

voting  by 130 

FOREIGN    CORPORATIONS. 

capital  stock  held  by,  ....        141 

issuing  stock  on  domestic  company,  dissolu- 
tion,       ......        141 

bonds,  issued  upon,  dissolution  unless,       .        141 

jurisdiction  in  equity  to  enforce,       .  .        141 

attorney  general  may  proceed,    .  .  .141 

not  to  affect  prior  rights,    .  .  .  .141 


FORFEITURE    OF    CHARTER. 

for   stock   issue   by   foreign    corporation   on 

domestic  franchise,  .  .  .        141 

FORM. 

of  returns  to  board,  blanks,  changes  in,  etc.,  10,  170 


FORMATION. 

of  corporations, 

after  receiver's  sale, 


122 
167,  168 


FRANCHISE.     See   Corporate   Franchise; 
Extension  of  Franchise. 

FRANCHISE    TAX.     See  Taxation. 

FREE    CHECKS. 

withdrawal  of,  regulated,    .... 
board  to  approve,  .... 

FREE    TRANSFERS. 

withdrawal  of,  regulated,    .  .  .  . 

board  to  approve,  .... 

FREIGHT. 

street  railways,  common  carriers  of,     . 
See  Corporate  Powers. 


154 

154 


154 
154 


135 


122 
122 


G. 

GAUGE. 

to  be  of  standard  width, 

to  be  named  in  agreement  of  association, 

GENERAL    COURT.     See  Legislature. 

GENERAL    LAW. 

organization  under,    .  .  121,  122,  127,  128 

GRADE    CROSSINGS.     See  Crossings. 


GRADING    STREETS. 

transportation  of  material, 

GRAVEL. 

transportation  of,  etc., 

See  Corporate  Powers. 

GUARDIAN. 

may  vote  on  stock  held  by  him, 

GUARDS    ON    BRIDGES. 

to  be  erected,  neglect,  penalty,    . 


134 


134 


130 


149,  150 


H. 

HEATING. 

car,  board  to  require, 

neglect  of,      ..... 

rules  as  to,    . 
district  police  to  enforce,    . 

HIGHWAY    ASSESSMENTS. 

issue  of  stock  for,       .... 

HIGHWAY    COMMISSION,   STATE. 

consent  to  opening  highways  for  railways, 
contracts  with,  for  transporting  material, 
locations  to  be  indicated  by,  when, 
application  by  president,  etc., 


151 
151 
151 
151 


146 
134 
146 
145 


INDEX    TO    STREET    RAILWAY    LAWS. 


239 


HIGHWAY  COMMISSION,  STATE  —  Con- 
cluded. 
may  authorize  structures,  to  avoid  railroad 

crossing,  .....        158 

may  extend,  alter,  revoke  locations,     .         145,  146 
supervision  of  maintenance,  repairs,  etc.,      .        146 
See  State  Highways. 

HIGHWAYS. 

alteration  of,  liability  for  expense,        .  145 

defects  in,  company  liable,  when,  .  149 

grade  crossings  of,  proceedings  for  abolition,  138 

state,  locations  in,  etc.,       ....  145 

taken  up,  cities  and  towns  not  liable,  etc.,    .  148 

widening  for  street  railways,  expense,  144,  145 

See  Ways;  State  Highways. 

HOURS    OF    LABOR. 

not  to  exceed  ten,  etc.,        ....  152 

extra  labor  on  holidays,  etc.,                  .           .  152 

rest,  one  day  in  seven,        ....  85 


I. 

ICE. 

transportation  of,       . 

See  Corporate  Powers. 

IMPROVEMENTS. 

board  to  suggest, 

INCORPORATION. 

certificate  of,  form,  fee, 

for  purchasers  at  receiver's  sale, 
petition  for,  to  general  court, 
publication  and  deposit  of  petition, 
transmission  to  general  court. 

See  Corporate  Matters. 


134 


128 

168 

37 

37 

37 


INCREASE. 

of  capital  stock,  approval,  etc.,   .  154,  155,  156,  157 
See  Corporate  Matters. 

INFORMATION. 

to  be  furnished  board,         ....  9 

INJURIES,    LIABILITY    FOR. 

death  from  negligence,  recovery  for,  27,  28,  29 

due  care  prerequisite,      ....  27,  28 

death  from  negligence,  employees,  recovery 

by,  when,         .  .  .  .  .  28,  29 

executor,  etc.,  to  sue  for,  .  .  .  28,  29 

limitation  of  actions,  etc.,         .  .  .  28,  29 

parties  beneficially  entitled,     .  .  .  28,  29 

negligence  as  to  tracks,  repairs,  etc.,  for,       .        149 
action,  notice,  etc.,  .  .  .  .119 

loss  of  life  from,     .....  27,  28 

recovery  over  by  town  against,  .  .  .       149 

costs  recoverable  by  town,  when,     .  .       149 

state  highways,  on,    .  .  .  .  .        1  19 

Sunday  law  no  defence,      ....        101 

INQUESTS. 

on  street  railway  accidents,  ...  27 

in-pectors  to  attend,  ....  24 

verbatim  report  to  board,  ...  27 

bill  for,  approval,  etc.,    ....  27 

INSPECTION. 

of  books,  etc.,  at  any  time,          ...  9 

of  roads,  recommendations  upon,          .           .  24 

of  rolling  stock,          .....  24 


INSPECTORS. 

appointment  by  board, 
direction  of  examinations  by, 
inspection  of  rolling  stock,  etc., 
investigate  accidents,  to,    . 
reports  to  board, 
witnesses,  summoning, 

INSTITUTIONS. 

state,  location  on  land  of,  forbidden, 

INVESTIGATION. 

of  accidents,      .... 
of  proposed  relief  societies, 

ISSUE. 

of  bonds.     See  Bonds. 

of  capital  stock;  amount,  . 

approval  of  board, 

on  domestic  franchises  regulated, 
of  charters,        .... 

See  Corporate  Matters 


3,  4 
24 
24 
24 
24 
24 


124,  125 


9 

21 


154,  155 

154,  155,  156 

141 

127,  128 


J. 

JOINT    USE    OF    TRACKS. 

provisions  as  to,         . 

See  also  Connecting  Roads. 

JURISDICTION  IN  EQUITY.  See  Su- 
preme Judicial  Court;  Superior 
Court. 


L. 


LABOR 

liens  for,  etc.,    . 


hours  of, 


See  Liens. 


158,  159 
85,  152 


Land;       Reservkd 


LAND.     See     Private 
Spaces. 

LAND    DAMAGES. 

to  be  secured,  when, 

LAND    TAKING. 

by  eminent  domain, 
to  avoid  grade  crossing, 

LAPSE    OF    LOCATION. 

if  organization  is  incomplete, 

LAWS. 

applicable  to  private  land  locations, 
enforcement  of,  by  board, 

by  courts,  equity  jurisdiction, 
notice  to  corporations  as  to. 


127 


137,  138 
157,  158 


137 


170 

8 


LEASE, 
or  sale,  authority  for,         .         .      30,32,140,111 
annual  return  to  lessor,       ....        170 
approval  by  railroad  commissioners,     .     30.  32.  1  1(1 


decision  within  thirty  days, 

filing  with  secretary  of  commonwealth, 
approval  by  stockholders, 
connecting  roads;   definition, 
express  business  regulated, 
facilities  for  travel,  not  diminished, 
fare,  rates  of.  not  increased, 

reduction  of,  from  income, 


30 

30 
1  III 
110 
140,  141 
1  10 
110 
140 


240 


INDEX    TO    STREET    RAILWAY    LAWS. 


LEASE  —  Concluded. 

powers  and  duties  of  lessee,         .         .  140,141 

restricted  to  ninety-nine  years  unless,  .       139 

returns,  annual,  to  board,  to  contain,  111!) 

terms,  approval  of,  by  board,      .  30,  32,  140 


LEASED    ROADS. 

fares  on,  .... 

LEGAL    VOTERS. 

complaints  by, 

LEGISLATURE. 

may  revise  fares, 

may  authorize  stockholding  in  another  com- 
pany,     ...... 

petition  to,  for  special  charter,    . 
recommendations  to,  by  board,  . 
See  Petition. 


140 


88,  154 

134 
37 

7 


LENGTH    OF    LINE. 

and  dividends,  return  to  tax  commissioner,  159,  160 
returns  of,  to  assessors,  ....  162 
to  be  set  forth  in  articles  of  agreement,  122,  168 
without  state,  deduction  of  valuation  for,  .  160 
return  of,       .....  .        160 


LESSEE. 

powers  and  duties  of, 
return,  annual,  to  lessor  by, 
neglect  to  make,    . 


140 
170 
170 


LESSOR. 

annual  return  to,       .  .  .  .  .170 

neglect  of,      .  .  .  .  .  .170 

responsible    for    correctness    of    returns    to 

board 170 

LIABILITY. 

employers',  for  injuries,  80,  806,  80c,  80d,  81,  81a,  82 
of  directors,  until  payment  of  capital,  .        132 

reduction  of  capital,  in  case  of,  .  .        155 

for  injuries.     See  Injuries. 

LIENS. 

for  labor,  materials,  .....        158 

contract  with  other  than  company,  but  act- 
ing for,  ......       158 

right  of  action  to  recover  debt  with  costs,     .        158 
exception,  no  right  for  contractor  for  whole 

railway,  .  .  .  .158 

sworn  statement  of  labor,  amount,  etc.,  to  be 

filed 158 

right  of  action  not  lost  by  mistake  in  stat- 
ing amount,     ....         158,  159 
notice  of  proposed  action  to  be  filed,    .  .        159 

proceedings  void,  unless  begun  within  sixty 

days 159 

LIFE. 

endangering,  by  obstruction,        .           .  .        150 

loss  of,  negligently  causing,                    .  .27,  28 

Sunday  law,  no  defence  to  actions,  101 

LIMIT    OF   TIME. 

for  acceptance  of  locations,  .  .  .        134 

for  construction,         ....         132,  133 

LIMITATION. 

of  actions,  death  of  employees,   ...         28 


LIQUOR. 

not  to  be  sold  in  pleasure  resorts, 

LOCAL    EXTENSION. 

acceptance  of,  . 
approval  of  board, 

See  Location  and  Construction. 

LOCATION. 

definition,  ..... 

LOCATION    AND    CONSTRUCTION. 


134 


143 
143 


121 


In  General. 

acceptance   of   location,    within    sixty   days,     122c, 

124,  133 

when  to  begin  to  run,      .  .  .         124,  133 

agreement  of  association,  etc.,  prerequisite,        122 
approval  of  railroad  commissioners, 

123,  124,  133,  143 
betterments  assessed,  when,         .  .         144,  145 

extensions,  issue  of  bonds  to  pay  for,  .        154 

land,  taking  by  eminent  domain,  .  .        137 

limit  of  time  for  acceptance,         .  .        122c,  124 

metropolitan  parks  and  boulevards,  in,      1246,  125 
organization,  if  incomplete,  void,  .  .        124 

powers  of  directors  defined,  .  .  .      12S6 

rules  as  to,        .  .  .  .  .  .       123 

state  institutions,  on  land  of,  forbidden,  ex- 
cept,         124,  125 

time  for  acceptance,  limit  of,       .  .        122c,  124 

temporary,  locations  when,  .  .  .     1226 

void  if  organization  is  incomplete  in  eighteen 

months,  .  .  .  .  .124 

if  application   for   approval   is  not   made 

within  thirty  days  of  grant,        .  .        124 

if  refused  certification  by  board,        .  .        124 

if  not  accepted  by  company,   .  .       122c,  124 

wires,  regulations  as  to,  .  .  .        139 

Aldermen  or  Selectmen. 

location,  to  grant,      .....  123 

alteration,  time,  limit  and  expense,     143,  144,  1446 

petition,  notice,  hearing,           .           .           .  143 

may  revoke  locations,  when,        .          .          .  144 

new  petition  after  revocation,  etc.,       .          .  124 
reserved  spaces  in  public  ways,  .          .         138,  139 

Alteration  of  Location. 

application  to  aldermen  or  selectmen, .  .        143 

by  president  or  directors,          .           .  .        143 

by  any  interested  party,            .           .  .        143 

expense,  apportionment  of,          .           .  143,  144 

limit  of  time  for  work,         ....        143 

public  notice  and  hearing,             .           .  .        143 

railroad  commissioners  to  approve,       .  .        144 

may  require  amendment  of  alteration,  144 

route,  change  of,  additional  hearing,  144 

void  in  sixty  days,  unless  accepted,      .  144,  1446 

Bridges. 

building  to  be  approved  by  board,        .  .  25 

temporary  locations  during  rebuilding,  1226 

examination  by  experts,     ....         25 
See  Bridges. 

Common  or  Park. 

burial  grounds,  through,  punished,  .           .        124 

location  on,  forbidden,  etc.,  .         124,  125 

common   or   park,   forbidden   after  twenty 

years,  etc.,      .          .          .  .          .124 


INDEX    TO    STREET    RAILWAY    LAWS. 


241 


LOCATION  AND  CONSTRUCTION  —  Con- 
tinued. 
metropolitan  parks  and  boulevards,  location 

over,      ....          1246,  125,  126 
copy  of  location  to  municipal  authorities,  126 
governor  and  council  to  approve  when,          .  125 
locations  may  be  extended  or  revoked,          .  125 
notice  to  be  given,            ....  125 
railroad  company,  etc.,  may  appeal  to  gov- 
ernor and  council,    ....  126 
provisions  of  street  railway  law  to  apply, 

etc. 126 

share  of  street  railway  tax  to  commonwealth,  126 

public  parks,  lay-out  over,  restricted,             .  125 

park  commissioners  may  approve  when,   .  125 

state  house  park,  no  construction  over,          .  125 

state  institutions,  on  land  of,  forbidden,  124 
Wachusett    Mountain    reservation,    location 

upon,  provisions  as  to,      .           .           .  126 

Connecting  Location. 

abutters  notified  by  publication  or  otherwise,        133 

application  to  board  within  thirty  days  of  re- 
fusal, etc.,        .....       133 

board  may  enter  decree  granting  location,    .        133 
to  prescribe  appliances,  conditions,  and  ob- 
ligations, .....       133 

filing  of  written  acceptance  of  location  within 

thirty  days,  or  void,  .  .  .       133 

notice  and  hearing,  to  local  authorities,  etc.,       133 

Construction. 

capital,  paid  in  before, 

certificate  that  capital  subscribed,  etc 

corporate  powers  to  cease,  if, 
limit  of  time  for, 

on  private  land, 
location  void,  if  in  eighteen  months, 
manner  of,  conditions,  etc., 
of  track  to  avoid  grade  crossings,  138,  157,  158 

Crossings. 

of  highways  at  grade,  ....       138 

of  steam  railroads  at  grade,  regulated,  10,  150 

over  or  under  railroad,                              .  157,  158 

overhead  structures,  consent  of  board,  .        158 

structures  on  ways;  authorization,       .  .        158 
See  Crossings. 

Extensions. 

adjacent  cities,  etc.,  to,                 .          .          .  133 

board  to  authorize,  hearing,  etc.,  .  .  133 
See  Corporate  Powers. 

connecting  cities  and  towns,  for,           .          .  133 

application  to  railroad  commissioners,        .  133 

requirements  by  railroad  commissioners,  .  133 
See  also  Connecting  Locations. 

local  extension,  acceptance  of,  or  void,       143,  143a 

alterations  in,  board  may  require,     .           .  143 

approved  by  railroad  commissioners,          .  143 

conditions,  no  additional,  to  be  imposed,  143 

manner  of  construction,  conditions,  etc.,  .  143 

petition,  hearing  and  notice,    .           .       143,  143a 

voters,  fifty,  may  petition,       .          .          .  143 

Locations. 

aldermen  or  selectmen,  to  grant,           .           .        123 
may  prescribe  conditions,  terms,  etc.,  ex- 
cept  123 


132 

( 

132 

132, 

133 

132 

136 

132 

123, 

124 

LOCATION  AND  CONSTRUCTION  —  Con- 
tinued. 
alteration,  time,  limit,  expense,  143,  144,  1446 

petition,  etc.,  .  .  .  .        143 

acceptance  by  directors,  within  sixty  days,  123a,  124 

powers  of  directors  defined,      .  .  .      12>>6 

approval  by  railroad  commissioners,     .  .        123 

establishment  of  corporation  to  follow,  .        127 

fourteen  day's  notice  to  be  given,         .  .        123 

manner  of  construction,  conditions,  etc.,       .        123 
petition,  notice  and  hearing  on,  .  .        123 

powers  of  directors  defined,      .  .  .      12N6 

publication,  aldermen  or  selectmen  may  des- 
ignate,   ......        123 

prior  locations  ratified;   revocation  of,  .        124 

railroad  commissioners  to  approve,       .  .        123 

may  require  alterations  before  certifying,        123 

notification  to  local  board,       .  .  .        123 

hearing  to  be  given  if  route  is  changed,  123,  124 

board's  certificate  as  to  amended  location,        124 
reserved  space  in  public  ways,     .  .  138,  139 

revocation,  new  petition  after,  etc.,      .  .        124 

sale  by  receiver,  .....        167 

temporary,  in  rebuilding  bridges,  .  .      1226 

valid,  only  when  approved  by  board,  123,  124 

void  by  refusal  of  certificate  or  non-acceptance,      124 

on  failure  to  apply  for  certificate  within 

thirty  days  of  grant,  .  .        124 

if   organization    is   not    completed    within 

eighteen  months,      .  .  .         132,  133 


Private  Land. 

companies  operating  upon,  subject  to  general 
laws,       ...... 

locations  upon,  ..... 

location  upon,  by  eminent  domain,      .         137,  138 
application  to  aldermen  or  selectmen,  cer- 
tificate, purposes,     ....       137 

certificate    of    public    necessity   and    con- 
venience, .....        137 

construction  of  law  defined,  .  .  .        138 

map,  estimate,  etc.,  to  be  prepared,     .  39,  137 

excavating,    bridging,    filling,    etc.,    to   be 
shown,    ...... 

profile  to  be  prepared,     .... 

powers  of  county  commissioners  exercised  by 

aldermen  or  selectmen, 
taking  the  land,  provisions  applicable  to,     13 
to  abolish  grade  crossing,  considered  a  rail- 
road corporation,     .... 

may  bring  petition  or  respond  as  such, 

location  upon,  by  purchase  or  lease, 

for  providing  terminals  in  parks,  etc., 

for  avoiding  railroad  grade  crossing,  etc., 

for  avoiding  highway  grade  crossing, 

for  reaching  car  barns  or  repair  shops, 

for  avoiding  grades  and  curves  in  ways,      136,  137 

for  other  purposes  incidental  to  use  of  ways,        136 

petitions  for,  to  board,  may  authorize, 

approval   of  aldermen   or  selectmen   pre- 
requisite, ..... 

construction,  grade  and  alignment  to   be 
fixed,      ...... 

plan  to  accompany  petition,    . 
public    convenience   and    necessity    to    be 
shown,    ...... 

public  notice  and  bearing  required, 
safeguards  to  be  adopted, 
to  set  forth  purpose  of  location, 
prior  locations  confirmed, 
restrictions  as  to,  . 


137 
136 


39 
39 

138 
138 

.  13S 
.  138 
136,  137 
136 
136 
138 
136 


130 

136 

137 
136 

.   136 

.   136 

136 

136 

136 

136,  137 


242 


IXDEX    TO    STREET    RAILWAY    LAWS. 


LOCATION  AND  CONSTRUCTION  —  Con- 
cluded. 
operation  upon,  certificate  of  board,     .  .        137 

changes  and  improvements  thereafter,  137 

reserved  spaces  in  public  ways,  .  138,  139 


Revocation  of  Locations. 

aldermen  or  selectmen,  by;   time, 
approval  of  railroad  commissioners,  unless, 
hearing  and  notice  as  to,    . 
new  petition,  after,    .... 
removal  of  tracks  at  expense  of  company, 

recovery  in  action  of  tort, 

neglect  to  remove,  penalty, 


144 
144 
144 
124 
144 
144 
144 


State  Highways. 
application  by  president  of  company,  etc.,  145,  145a 
action  of  directors  as  to,  1286 

on, 145,  145a,  146 

ways  to  become,  grading,  etc.,     .  .  145 

supervision  by  highway  commission,    .         145,  146 

See  Highway  Commission. 
temporary  locations,  during  bridge  construc- 
tion,       ......      1226 


Ways. 

alteration  of  grade;  expense  of, 
betterments,  assessment,  etc.,  of, 
operation  upon;  exceptions, 
repair  of,  responsible  for,  when, 

opening  ways  for,  permit  required, 

restoration  of  surface, 
reserved  spaces  in,  for, 
transportation  of  material  for,     . 
widening  for,  expense  of,    . 

See  Ways. 


145 

145 

136, 

146 

14S, 

149 

when, 

148 

149 

13S, 

139 

134 

144, 

145 

LOITERING. 

in  stations,  etc.,  penalty, 


LORD'S    DAY. 

running  cars  on,  legalized, 


LOST      CERTIFICATES.      See    Corporate 
Matters  (Capital  Stock). 


150 


101 


M. 


MAILS. 

transportation  of, 


MAP. 

estimates,  profiles,  etc.,  in  land  takings, 

MASSACHUSETTS  HIGHWAY  COMMIS- 
SION.     See    Highway   Commission-, 

State. 


134 


39,  137 


MATERIAL. 

liens  for,  etc.. 


158 


See  Liens. 


MAYOR. 

may  petition  supreme  judicial  court  for  re- 
sumption of  use  of  track,  .         147,  lis 

MEETINGS. 

annual,  time,  place,  fixed  by  by-laws,.  .        129 

to  be  held  within  commonwealth,  129 

notice  fixed  by  by-laws  unless,           .  .        129 

majority  in  interest  a  quorum  unless,  .        129 


MEETINGS  —  Concluded. 

annual,  purposes  of  meeting  to  be  stated,     .  129 
waiver  of  notice,     .....  129 
warrant  of  justice  of  peace  when,      .           .  129 
directors,  within  or  without  commonwealth,  130 
without  notice  when,       ....  130 
waiver  of  notice  to  be  filed,      .           .           .  130 
first;   calling  after  incorporation,           .           .  128 
manner  of  calling,             ....  128 
proxy  voting,  regulation  of,  130 
special,  calling,  by  clerk,     ....  129 
voting  by  stockholders,       ....  130 
by  persons  in  fiduciary  capacity,       .           .  130 
on   shares  of   company's  own  stock  pro- 
hibited,               130 

MERCHANDISE. 

carriage  of,        .....  135 

METROPOLITAN   PARK    COMMISSION- 
ERS. 

to  grant  locations  in  roads,  boulevards,  parks 

and  reservations,  .         1246,  125,  126 

See  Location  and  Construction 

METROPOLITAN    PARKS. 

tax  on  location,  payable  to  state,  .         126,  161 

MILE. 

capital  stock  per,  amount  required,      .  .        122 

MILITARY    SUPPLIES. 

transportation  of,       .  .  .  .  .      1346 

MILK. 

and  cream,  transportation  of,  .  .     135a 

MISSILES. 

throwing  at  cars,  etc.,  penalty,   ...         30 

"  MISSING      LINK  "    LOCATIONS.       See 

Location;  Corporate  Powers. 

MORTGAGE      BONDS.      See      Corporate 

Matters. 

MORTGAGES. 

authorized,  purposes  of,      .  .  .  .       154 

bonds  to  secure,      .....        154 

railroad  laws  (Part  II.,  sects.  48-56),  appli- 
cable,     ......        154 

receiver,  sale  by,  not  to  impair  powers  under,        167 
See  Corporate  Matters  (Dissolution) 

MOTIVE    POWER. 

board  to  prescribe,     .....  134 

steam,  not  permitted,      ....  134 

electricity,  or  other,  may  be  used,         .  .  134 

municipalities  not  to  furnish,       .  .  .  141 

MOTORMAN. 

to  stop  cars  within  one  hundred  feet  of  cross- 
ings, penalty,  ....        150 
See  Employees. 

MUNICIPALITIES. 

may  purchase  electricity,  when,  .         141,  142 

not  to  furnish  motive  power,       .  .  .        141 

See  Cities;    Municipal  Officers;   Towns; 
Electricity. 


INDEX    TO    STREET    RAILWAY    LAWS. 


243 


MUNICIPAL    OFFICERS. 

complaints  by,  ..... 

electricity,  application  as  to  price  of,  . 
may  petition  for  remedies,  when, 
may  petition  supreme  judicial  court  for  re- 
sumption of  use  of  tracks, 
regulations  by,  for  use  of  tracks,  etc., 
speed  rules,  established  by,  .  .         14 


K. 

NAME. 

corporate,  regulated, 
change  of,  application,  etc., 

two-thirds  vote  of  stockholders  required 
board  to  authorize,  after  hearing,     . 
filing  of  authority  with  state  secretary, 
board  to  require  public   notice  of  change 
certificate  issued  by  secretary, 

restrictions  as  to  name,  applicable,        1 
rights  and  liabilities  under  new  name, 
actions  not  defeated  by, 
new  name  substituted  on  motion, 
to  be  set  forth  in  agreement  of  association,  1 


122, 


NEGLECT. 

annual  report,  to  make,  penalty, 

lessee  to  make  to  lessor,  penalty, 
books  and  accounts,  to  keep;  penalty 
car  heating,       .... 
of  accommodations,  . 
vestibules,  of,    . 

NEGLIGENCE. 

as  to  tracks,  repairs,  etc.,  liability  for, 
action,  notice,  etc., 
loss  of  life  from, 

death  from,  recovery,  etc., 

employees,  recovery  by,  when 
liability  of  employer,  etc., 
machinery,  etc.,  car  considered, 
notice,  .... 


NEW    SHARES. 

cash  payment  for, 
price,  board  to  fix,     . 
par,  not  less  than, 
stockholders  entitled  to, 
notice  to,  of, 

NON-SUBMISSION. 

of  books  and  accounts;  penalty, 


8,  9 
142 
170 

14S 
146 


168 
159 
159 
159 
159 
159 
159 
159 
159 
159 
159 
168 


170 
170 
10 
151 
152 
152 


148,  149 

149 

27,  28 

27,  28 

81,  82 

81 

81 

82 


157 
157 
157 
157 
157 


L0 


NOTES. 

consent  of  board;   decision. 

155 

156 

issue  authorized, 

155, 

156 

limit  of  issue,    .... 

156 

equity  jurisdiction  to  enforce, 

156 

proceeds,  application  of,     . 

156 

NOTICE. 

to  corporations  as  to  laws,  ...  8 

NUMBER. 

of  directors,  to  be  named  in  articles,  etc.,      .        122 


o. 

OBSTRUCTIONS. 

cars  of  other  railways,  of,  penalty,  .  .        151 

employees,  by,  penalty,       .           .  .  150,  151 

endangering  life  by,  penalty,        .  .  .        150 


OBSTRUCTIONS  —  Concluded. 
streets,  of,  penalty,    . 
tracks,  of,  penalty,    .... 

OFFICERS. 

of  companies.     See  Corporate  Matters. 

OPENING. 

certificate  for  operation  preliminary  to, 
on  private  land,      .... 


150,  151 
150 


146 
137 


OPERATING    CONTRACT. 

approval  of,  by  board,  filing,  etc.,         .     30,  32,  140 
terms,  etc.,         ......        140 


OPERATION. 


In  General. 


certificate  preliminary  to,  . 

not  compulsory  unless  road  is  completed, 
on  private  land,  appliances  and  safeguards, 

approach  of  cars,  notice  or  warning, 
regulations  by  local  boards, 
approval  of  railroad  commissioners 

at  railroad  crossings,  stops,  etc., 
motorman  liable,  penalty, 
company  liable,  penalty, 

mails,  transportation  of,     . 

merchandise,  etc.,  transportation  of, 
See  Corporate  Powers. 

on  Lord's  day,  legalized, 

on  private  land,  prohibited,  except, 

on  ways,  exceptions, 

stations,  loitering  in,  penalty. 

Accidents. 

board  to  investigate, 
inspectors  to  investigate,    . 
notice  of,  .... 

inquests  on,  report,  etc.,     . 


146 
146 
137 
150 
150 
150 
150 
150 
150 
134 
135 

101 
136 
136 
150 


26, 


Accommodations. 

to  furnish  reasonable,  penalty,    .  .  .        152 

additional,  board  may  require,    .  .  .8,  152 

penalties  for  neglect  of,  ...        152 

forfeit,  for  use  of  cities  and  towns,   .  .        152 

fares,  establishment, .  ....        152 

board  may  suggest  changes,     ...  8 

free  passes  regulated,  penalty,  .  .        153 

regulation  of,  railroad  law  to  apply,  8S,  154 

special  cars,  ....         152,  153 

special  rates,  for  public  school  pupils,         .        153 
for  private  school  pupils,      .  .  .       153 

Boston  Elevated  Railway  Company,  ex- 
empted, .....       153 
for  workingmen,  ....        153 
transfers,  free,  withdrawal,  .  .  .        154 
board  to  approve,  etc.,    ....        154 
transfer  tickets,  misuse  of,  penalty,      .  .        154 

Bridges. 

alteration,  discontinuance,  liability,  when,    .       148 
damages  for  dct'cri  i\c,  liability,  etc.,    .  149 

guards  upon,  penalty,  ...  1  19,  150 

board  to  supervise,  or  order,    .  .  1  19,  1  -~» ' ' 

opening  fur  repairs  and  renewal  Of  tracks,    lis.]  (<» 

private,  obligation  t<>  construe!  or  maintain.       l  i!> 

repair  of  surface,  liability,  .  .  .11!! 

restoration  to  former  condition,  .  l  I'.i 


2U 


INDEX    TO    STREET    RAILWAY    LAWS. 


OPERATION  —  Continued. 

By-laws  and  Regulations, 

approval,  revision  and  alteration,          .  146,  147 
by  towns,  etc.,  as  to,           ....        146 

cars,  number  and  routes,  as  to,  .           .  .        146 

notice  of  approach  of  ears,  as  to,           .  .        150 

proceedings  to  enforce,        .           .           .  .146 

snow,  removal  of,       ....  147 

speed,  regulation  of  rate  of,          .           .  146,  147 

wires,  as  to,       .           .           .           .           .  .        139 

Cars, 

approach  of,      .....  .       150 

disorderly  conduct  in,  penalty,    .           .  .        150 

fenders,  wheelguards,  etc.,  upon,           .  .        151 

heating  of,  penalty,  enforcement,          .  .        151 

obstruction  of  streets  by,  penalty,        .  150,  151 

of  cars  of  another  company,  penalty,  151 

platforms  for,  enclosed  when,       .           .  151,  152 

board   to   approve;     decisions,   effect  of; 

penalty,            ....  151,  152 

sales  by  children  upon,  penalty,.           .  151 

special,  fares,  etc.,      ....  152,  153 

sprinkling,  use  of,       .           .           .           .  .        134 


Connecting  Roads. 

joint  use  of,       . 

regulation  by  board. 


134 
134 


consolidation  of,  approval  by  board,  30,  32,  139,  140 

express  business  not  authorized  by,            .  140 

powers  and  duties  after,            .           .           .  140 

reduction  of  stock  upon  sale,  .           .           .  141 

vote  by  stockholders  approving,        .           .  140 

definition  for  purpose  of  lease,     .           .           .  140 

leases  of,  conditions, .....  140 

operating  contracts,  approval  of,  .  32,  140 

Crossings. 

of  steam  railroads,     .  .  .  .  .150 

cars  stopped  within  100  feet  of,  penalty,  .  150 

overhead  structures,  consent  of  board,           .  158 

over  or  under  railroads,  consent  to,      .           .  158 

Discontinuance. 

may  be  ordered  temporarily,        .           .           .  148 
track  removal,  etc.,  upon,             .           .         147,  148 

ways,  of,  city  or  town  not  liable  for,    .           .  14S 

Employees. 

bond  not  to  be  required  of,  85 

hours  of  labor  regulated,    ....  152 

penalty  for  assaults  on,       ....  30 

weekly  payment  of  wages  to,       .           .           .  86 
See  also  Employees. 

Fares. 

changes  in,  board  may  suggest,  ...  8 
charter,  limitations  of,  as  to,  .  .  .  152 
consolidation  not  to  increase,  .  .  .  139 
establishment,  .....  152 
evasion  of,  penalty  for,  ....  29 
leased  roads,  on,  not  increased,  .  .  .  140 
legislature  may  revise,  .  .  .  88,  154 
passes,  issue  of,  regulated, ....  153 
regulated,  as  on  railroads,  .  .  .  154 
school  pupils,  rates  for,  ....  153 
Boston  Elevated  Railway  Company,  ex- 
empted,           .....  153 


OPERATION  —  Continued. 

special  cars,       .....         152,  153 

transfers  regulated,  discontinuance  of,           .  154 

misuse  of,  penalty,           ....  154 

workingmen's  rates,  .  .  .  .153 

Inspectors. 

inspection  by;   duties  of,     ....  24 

accidents,  investigation  of,            ...  24 

inquests,  to  attend,    .....  24 

report  to  board,          .....  24 

witnesses,  summoning,  as  to,       ...  24 

Opening  to  Public. 

certificate  for  operation,     ....  146 

private  land,  on,    .....  137 

Platforms. 

continuance  of  prior  decisions  of  board,         .  152 

definition  of  "street  cars"  as  to,           .         151,  152 

to  be  enclosed,  penalty,       ....  152 

approval  of  board,           ....  152 

Private  Land, 

on,  laws  applicable,  .....  137 

operation  on,     ......  137 

prohibited,  except,           ....  136 

safeguards,  in  case  of,                                         136,  137 

Snow, 

removal  of,  regulations,      ....  147 

copy  of  regulations  to  be  filed  September  1,  147 
petition  to  board  for  amendment,     .           .  147 
findings  filed  with  local  boards  and  com- 
pany,     ......  147 

not  mandatory  except  from  and  between 

tracks,  etc.,     .....  147 

Streets  or  Ways. 

alteration  of  grade,  expense  of,   .           .           .  145 

alterations,  etc.,  liability,    .           .           .         148,  149 
damages   for   defective,    liability,   recovery, 

etc., 149 

discontinuance,  etc.,  repairs  on,             .           .  148 

cities  and  towns  not  liable,  when,     .           .  148 

negligence,  liability  for,       ....  149 

obstruction  of,  by  cars,  penalty,            .         150,  151 

operation  upon,  exceptions,         .          .          .  136 

repairs,  of  surface,  not  required,  etc.,            148,  149 

companies  may  open  for  repair  or  renewal 
of  railway,       .... 

restoration  of  surface  to  former  condition 


reserved  spaces  in  public  ways,  . 

state  highways,  operation  on, 

structures  on,  authorization, 

use  of,  by  cars,  penalty, 

widening  for  street  railways,  expense, 


148 
149 
139 
146 
158 
146,  147 
144 


138, 
145, 


Tracks. 

explosives  upon,  prohibited,  penalty,  . 
obstruction  of,  prohibited,  penalty, 

endangering  life  or  safety,  penalty, 
petition  to  compel  resumption  of  use, 
refusal  to  operate,  appeal, 

jurisdiction  in  equity  to  determine, 

two  or  more  municipalities  may  join  in  pe 
tition,     ..... 

existing  laws  or  rights  not  construed  or 
impaired,         .... 


150 
150 
150 
147 
147 
148 

14S 

148 


INDEX    TO    STREET    RAILWAY    LAWS. 


245 


OPERATION  —  Concluded. 

temporary  discontinuance  of  use,  when,  .        148 

voluntary  discontinuance  of  use,           .  147,  148 

may  be  removed  after  six  months,   .  147 

use  of,  regulations  for,  penalty,  .           .  146,  147 

subject  to  approval  by  board,            .  .        146 

See  also  Equipment. 


ORGANIZATION. 

of  purchasers  of  road  from  receiver, 

failure  to  effect, 
to  follow  issue  of  charter,   . 

See  Corporate  Matters. 

ORIGINAL. 

definition,  .... 

OVERHEAD    STRUCTURES. 

consent  of  board,  etc., 

See  Crossings. 


P. 

PAR. 

issue  of  shares  for,  only, 
new  shares  for  not  less  than, 

PARK. 

location  on,  forbidden,  etc.. 

See  Location  and  Construction. 

PASSENGER    ACCOMMODATIONS. 

board  may  require,    .... 
additional,     ..... 

PASSES. 

issue  of,  regulated,  penalty. 


PAYMENT    OF    CAPITAL. 

before  certificate, 
before  incorporation, 
before  beginning  construction, 
certificate  of,  filing,    . 
directors  liable  till  paid,  etc., 
new  shares,  cash  for, 


PENALTY. 

accommodations,  neglect  of, 
annual  returns,  neglect  of, 
bonds,  illegal  issue  of, 
books  and  accounts,  for  neglect  of, 

non-submission  to  board, 
bridge  guards,  neglect  of,   . 
capital  stock  or  bonds,  for  wrongful  issue, 
cars,  expectoration  in, 

heating  of,  neglect, 
children,  sales  by,  on  cars, 
crossings,  stopping  cars  at, 
disorderly  conduct  on  cars,  for,  . 
electricity,  unlawful  diversion  of, 

destruction  of  poles  or  wires,  . 
explosives  on  tracks,  placing, 
employees,  assaults  on, 

loss  of  life  of, 
fares,  evasion  of,        . 

school  pupils,  refusal  of  half  rates  to, 
injury  to  block  signals, 
loitering  in  stations, 
loss  of  life,  negligently  causing,  recovery, 

of  employee,  .... 


167,  16S 
16S 
128 


121 


158 


131 

157 


152 
152 


153 


131 
127 
132 
132 
132 
157 


152 

170 

156 

10 

170 

150 

156 

1,  Ilia 

151 

151 

150 

150 

1426 

142c 

150 

30 

28,  29 

29 

153 

29 

!.-,(> 

28,  29 

28,  29 


PENALTY  —  Concluded. 

making  annual  returns,  neglect, 
missiles,  throwing  at  cars, 
officers,  certificate  to  commissioner  of  corpo 
rations  as  to  changes,  neglect,   . 

clerk  to  be  resident  of  commonwealth, 
non-removal  of  tracks  on  revocation,  . 
obstruction  of  cars  of  another  company, 
passes,  as  to, 

platforms,  failure  to  enclose, 
poles  or  wires,  destruction  of, 
speed  regulations,  violation  of, 
streets,  obstruction  of,  by  ca  rs 
tracks,  obstruction  of;  endangering  life 

use  of,  neglect  of  regulations, 
transfers,  misuse  of,  ... 

ways,  use  of,  regulations;  penalty,       .         146 
See  Crimes. 

PERMIT. 

to  open  streets  for  repairs, 


170 
30 

43 

43 
144 
151 
153 
152 
142c 
146 
151 
150 
146 
154 
147 


148 


PERSONAL    ESTATE. 

companies  may  hold. 


133,  134 


PETITION. 

for  alteration  of  location,  etc.,     .           .           .  143 
for  extension  of  location,  notice,  etc.,             .  143 
for  location;   notice  and  hearing  on,     .           .  124 
for  incorporation  under  special  act,      .           .  37 
filing  notice,  publication,  etc.,            .           .  37 
newspaper  designated  by  secretary  of  com- 
monwealth,    .....  37 
proof  of  publication,        ....  37 
transmission  to  general  court,            .           .  37 

PLAN. 

filing,  abolition  grade  crossings,             .           .  158 


PLATFORMS. 

approval  of  vestibule  enclosure, 
failure  to  enclose,  penalty, 

See  Operation. 

PLEASURE    RESORTS. 

acquisition  of,  ... 

admission  to  be  free  to, 

approved  by  railroad  commissioners, 

bonds  and  stock  for, . 

liquor  not  to  be  sold  in, 

stock  and  bonds  for, . 

POLES    OR    WIRES. 

destruction  of,  penalty, 
taxation  of,        .... 

POLICE. 

street  railway,  appointment,  etc, 
term  of  office,  badges,  powers,  etc., 
may  arrest  without  warrant,  when, 
compensation,  liability  of  company,  etc 
witness  fees,  no  allowance  for,     . 

POWER,   ELECTRIC. 

sale  to  towns,    .... 

POWER,   MOTIVE. 

aldermen  or  selectmen  to  decide, 
municipalities  not  to  furnish, 


151,  152 
152 


131 

131 

134 

154 

134 

1.1 1 

142c 

1606 

22,  23 

23 

23 

tc, 

24 

24 

142 


134 
141 


246 


INDEX    TO    STREET    RAILWAY    LAWS. 


POWERS. 

of  directors,       .          .          .          .          .  .128 

of  lessees 140,  141 

of  street  railways  after  consolidation,  .        140 

POWERS,   PRIVILEGES,   DUTIES. 

of  street  railway  companies,        .  .  .       121 

See  also  Corporate  Powers. 


PREFERRED    STOCK. 

issue  of,    . 

PREMIUMS. 

cash  value,  may  be  computed  in  bond  issues, 

PRESIDENT. 

choice  by  directors,   . 
director,  to  be  a, 

PRICE    OF    SHARES. 

stockholders  to  fix,    .  .  .  .  . 

PRIOR    LOCATIONS. 

ratified;   revocation  of,        . 


526 


128 
128 


50b 


124 


PRIVATE    LAND. 

companies  operating  upon,  subject  to  general 

laws,       ......  137 

Locations, 

by  eminent  domain,             ....  137 

application  to  aldermen  or  selectmen,  cer- 
tificate, purposes,     ....  137 

certificate  of  public  necessity  and  conven- 
ience,     ......  137 

construction  of  law  defined,          .           .           .  13S 

map,  estimate,  etc.,  to  be  prepared,     .            39,  137 
excavating,    bridging,    filling,   etc  ,    to   be 

shown,    ......  39 

profile  to  be  prepared,     ....  39 

powers  of   county   commissioners  exercised 

by  aldermen  or  selectmen,          .           .  138 
taking  the  land,  provisions  applicable  to,     138.  139 
to  abolish  grade  crossing,  considered  a  rail- 
road corporation,     ....  138 

may  bring  petition  or  respond  as  such, .  13S 

by  purchase  or  lease,           ....  136 

for  providing  terminals  in  parks,  etc.,.           .  136 

for  abolishing  or  to  avoid  grade  crossing,     157,  158 

land  of  railroad  or  railway  taken,     .          .  15S 

board  to  adjudicate,        ....  15S 

deed  and  plan  to  be  filed,         .           .           .  158 

damages,  railroad  law  to  apply,         .            .  158 

for  reaching  car  barns  or  repair  shops,            .  136 

for  avoiding  grades  and  curves  in  ways,       136,  137 

for  other  purposes  incidental  to  use  of  ways,  136 

petitions  for,  to  board,         ....  136 

approval   of  aldermen   or  selectmen   pre- 
requisite,         .....  136 

construction,  grade  and  alignment   to  be 

fixed 137 

plan  to  accompany  petition,    .           .           .  136 
public    convenience   and    necessity  to   be 

shown,   ......  136 

public  notice  and  hearing  required.             .  136 

petitions  for,  safeguards  to  be  adopted,          .  137 

to  set  forth  purpose  of  location,        .           .  136 

prior  locations  confirmed,  ....  136 

restrictions  as  to,        .....  136 

reserved  spaces  in  public  ways,  .           .         138,  139 


PRIVATE    LAND  —  Concluded. 
Operation. 

certificate  of  board,    .  .  .  . 

changes  and  improvements  thereafter, 
prohibited  except,      . 

PRIVATE    SCHOOL    PUPILS. 

half-fares  for,    . 

PROCEEDINGS. 

organization,  etc., 

See  Corporate  Matters. 
regulations,  to  enforce, 
before  board,  record  of, 

See  Record. 
PROCEEDS. 

of  sale,  use  for  dividends,  . 
of  new  shares,  application, 

PROPERTY. 

realty  and  personalty,  limit  of,    . 
stockholding  in  another,  authority, 

PROXY    VOTING. 

at  meetings,  regulation  of, 

PUBLIC    EVENING    SCHOOLS. 

half  fares  for  pupils, 

PUBLIC    OFFICERS. 

not  to  recommend  employees,  etc., 

PUBLIC    OPENING. 

certificate  for  operation  before,   . 
on  private  land, 

PUBLICATION. 

of  agreement  of  association, 

evidence  of,  . 
of  statement  of  accounts,   . 

PUBLIC    WAY. 

definition,  .... 

PUBLIC    WAYS. 

reserved  spaces  in,     . 


137 

137 

136 

153, 

153a 

22,  123 

127 

170 

171 

170 

141 

154 

133 

134 

134 

130 


153a 


85,  86 


146 
137 


122,  123 

123 

9 


121 


138,  139 


PUPILS. 

rates  of  fare  for,  ....       153,  153a 

Boston   Elevated    Railway  Company,  ex- 
empted, .....        153 
of  private  schools,      ....       153,  153a 
of  public  evening  schools,  ....      153a 

PURCHASER. 

consolidation  or  sale,  stock,  bonds,  etc.,  .  140 

from  receiver,  rights  of,  etc.,       .          .  .  168 

actions  against,       .....  167 

agreement  of  association  of,     .  .  .168 

stock  issue  by;   fixing  amount,           .  .  168 

See  Corporate  Matters  (Receiver). 

R. 

RAILROAD    COMMISSIONERS. 
Da  General. 

advice,  etc.,  not  to  relieve  corporate  liability,  9 

annual  report,  contents,  etc.,       ...  6 

appointment,  terms,  tenure,  etc.,  .  .  3,  4,  5 


INDEX    TO    STREET    RAILWAY    LAWS. 


247 


RAILROAD  COMMISSIONERS  —  Continued. 
appointment,  of  expert  bridge  engineers, 

of  supervisor  of  accounts, 
attorney  general  to  act  on  report  of,  when,     8, 
decisions,  force  and  effect  of,       . 
record  of  rulings  of  law,      .... 
rulings,  revision,  annulments,  etc., 
savings  banks,  lists  of  companies  for, 

Authority. 

abolition  grade  crossings,  approval,  when,    . 

board  may  be  made  special  commission,   . 

or  avoidance  of,  approval,        .  .         157, 

accidents,  investigation  of,  ... 

accommodations  for  passengers,  may  require, 
agreement  of  association,  may  direct  publica- 
tion, when,      ..... 
alteration  of  crossings,  board  represented  on 
commission,     ..... 

to  act  as  county  commissioners,  for  Bos- 
ton,        ...... 

approach  of  cars,  approval  of  regulations,     . 
block  signals,  installation  of,  approval, 
bonds,  approval  by;   proceedings,  154,  155, 

bridge  guards,  as  to, .  .  .  .         149, 

bridges,  expert  examination  of,  . 

appointment  of  expert  bridge  engineer,     . 
capital  stock,  approval  of  issue,  .         154, 

consolidation  and  sale,  approval  of  terms,     30, 
crossings   over  or  under    railroads,    consent 

to 

electricity,  to  approve  terms  and  fix  price  for, 


4 
3 
170 
152 
170 
171 
169 


when,      .....         141, 

enforcement  of  laws  by, 

extension  of  corporate  powers,    .  .         132, 

equitable    relief,    may    invoke,   as   to   stock 
issues,     .... 

express  transportation,  appeal,    . 

fares,  to  suggest  changes  in, 

fenders  and  wheelguards,  requirement  by, 

heating  of  cars,  to  require, 

information  to  be  furnished  to,    . 

inspection,  recommendations  upon, 

lease  or  sale,  approval  of,  .  .  .  30, 

motive  power,  board  to  prescribe, 

operating  contracts,  approval  of,  .  32 

notice  to  corporation  as  to  laws, 

passenger  accommodations,  may  require, 

platforms,  approval  of  enclosure, 

pleasure  resorts,  approval  of, 

publication  of  agreement  of  association 
direct  when,    . 

repairs,  notice  of  necessary, 

scope  of  statutory  provisions  as  to, 

special   commission   to  abolish  grade  cross- 
ings,       ......  13 

sprinkling  streets,  authority  for,  .  131 

to  supervise,  examine,  etc.,  ...  8 

waiting  rooms,  supervision  of,     . 

may  recommend  relocation  of,  .  86 

Books  and  Accounts. 

continuance  of  uniform  .system.             .           .  9,  169 
directors,    etc.,    may    request    examination 

of 9 

inspection  at  any  time  by,            ...  9 

list  of  stockholders,  access  to,      .           .           .  9,  10 

non-submission,  etc.,  penalty  for,           .            .  10 

publication  of  statements,             ...  9 

regular  examination  of,       ....  9 


20 
13 

158 
9 

152 

123 

12 

11 

150 

7 

156 

150 

25 

4 

155 

140 

158 

142 

7 

133 

156 
135 

8 
151 
151 

9 

24 

140 

135 

140 

8 
152 
152 
134 

123 

8 


RAILROAD  COMMISSIONERS  —  Continued. 


Capital  Stock. 

and  bonds,  approval, 

fixing  amount  of,   . 
increase  of,        .....  . 

may  employ  experts  to  examine  property,    . 
new  shares,  to  fix  price  of,  .  .  . 

purchasers  from  receiver,  of;    fixing  amount, 
reduction,  to  authorize,       .  .  .  . 

certificate  of,  filing  by,    .  .  .  . 

proceeds,  allowance  of  distribution  of, 
See  Corporate  Matters. 

Change  of  Name. 

to  authorize,  after  hearing, 

to  require  public  notice  of,  .  .  . 

Complaints. 

employees,  by;  secrecy  of,  .  .  . 

examinations  into,  when,    .  .  .  . 

legal  voters,  by,  .  .  .  .  . 

municipal  officers,  by,  .  .  .  . 


154,  155 
154,  155,  156 
154 
4 
157 
168 
155 
155 
155 


159 
159 


Connecting  Roads. 
approval  for  joint  use,         ....        134 
rules  and  regulations  determined  by  Board,        134 
operating  contracts  between,  .  32,  140 

consolidation  of.     See  Consolidation    and 

Sale. 
lease  of.     See  Lease. 

Excise  Tax. 

distribution  of,  among  cities  and  towns,  as  to,        163 
revision  of,  on  appeal,  ....        163 

Extensions. 

adjacent  cities,  in,  etc.,       ....  133 

connecting  cities  and  towns,  in,  .  .  133 

application  to  board,  and  hearing,    .  .  133 

location,  granting  of,  and  conditions,  .  133 

local  extension,  approval  of,        .  .  .  143 

Fares. 

may  suggest  changes,  etc.,  ...  8 

regulation  of,  powers,  .  .  .  .8,  154 

transfers,  discontinuance  of,  to  approve,       .       154 

Grade  Crossings. 

abolition  of,  approval,         ....  20 

board  may  be  made  special  commission,    .  13 
alteration  of,  board  represented  on  commis- 
sion,       .          .          .          .          .          .  L2 

to  act  as  county  commissioners  for,  in  Bos- 
ton,        ......  11 

approval  of  land  taking  to  avoid,          .         157,  158 

consent  to,         ......  10 


Inspectors. 

appointment  by, 

direction  of  examinations  by. 

See  Inspectors. 

Location. 

approval  of,       . 

may  require  alterations, 

notificat  ion  to  local  board, 
hearing  if  route  is  changed, 


3,  4 

24 


123,  124 
123 

312 


248 


INDEX    TO    STKEET    RAILWAY    LAWS. 


RAILROAD   COMMISSIONERS  —  Concluded. 

certificate  as  to  amended  location,       .          .  124 

private  land,  on,  hoard  may  authorize,          .  136 

revocation,  approval  of,      .           .           .           .  144 

Opening  to  Public. 

certificate  for  operation,      ....  146 

private  land,  on,  appliances  and  safeguards,  137 


Record  of  Proceedings. 

before  board,  as  to  street  railways, 

rulings  of  law  to  be  entered,    . 

neglect  to  grant  or  refuse,  considered  re- 
fusal,     ...... 

equity     jurisdiction,     to     review,     annul, 

modify  or  amend,    .  .  .         170,  171 


170 
170 


170 


Regulations. 

approval,  revision,  etc., 
proceedings  to  enforce, 
speed,  as  to,      . 


146 

170,  171 

146 


as  to  approach  of  cars,  board  may  approve,        150 

Relief  Corporations. 

approval  of  by-laws, .....  22 

examination  of,  report  to,  ...  22 

See  Relief  Societies. 

Remedies. 

for  refusal  or  neglect,  attorney  general  to  act,        170 
equity  jurisdiction,  to  invoke,     .  .         170,  171 

Report. 

of  board,  contents,  etc.,      .  .  .  .6,  170 


Returns. 

blanks  and  forms  for,  ...  10 

changes  in,         . 

remedy,  additional,  for  neglect, 

tables,  abstracts,  to  prepare, 

to  board,  annually;   contents,      .  .         169 

of  lessees,       .... 

neglect  to  make,     . 

amendment  of  defective  returns, 
time  for  filing. 

Witnesses. 
compulsory  attendance  of,  ... 

summoning,  oaths,  fees,  etc.. 
See  Railroad  Commissioners  in  Index  to 
Railroad  Laws. 

RAILROAD    CORPORATIONS. 

street     railway     companies     considered    as, 
grade  crossing  abolitions, 

RAILROAD    CROSSINGS. 

stops  of  cars  at,  ..... 

See  Crossings. 

RAILWAY. 

definition,  ...... 

RAILWAY    INSPECTORS. 

appointment  of,  ..... 

duties,  etc.,       ...... 


170 

170 
170 
170 
170 
170 
170 
170 
1146 


138 


150 


121 


3,4 

24 


REAL    ESTATE. 

companies  may  hold. 


133,  134 


RECEIVER. 

appointment    of,    by    supreme    or    superior 

court,     ..... 
purchasers  from,  rights  of,  etc., 

actions  against,       .... 
reorganization,  capital,  etc., 

capital  not  to  exceed  fair  cost  of  replace- 
ment,     ..... 
sale  of  road  by,  .... 

not  to  impair  mortgages, 
to  pay  debts,  etc.,. 

See  also  Corporate  Matters. 


166 
168 
167 
168 

168 

167 
167 
166 


RECORD. 

bonds,  of,  by  treasurer,       ....  47 

rulings  of  law,  of,       ....           .  170 

transfer  of  shares,  of,  .  .  .  .130 

of  board's  proceedings,        ....  170 

rulings  of  law  to  be  entered,    .           .           .170 
neglect  to  grant  or  refuse,  considered  re- 
fusal,     ......  170 

equity     jurisdiction     to     review,     annul, 

modify  or  amend,    .           .           .         170,  171 

RECORDING. 

charters,  with  agreement,  etc.,    .          .          .  128 

RECOVERY. 

for  death  from  injuries,       .  .  .  .  27,  28 

employees,  death,  etc.,    ....  28 

over  by  town  against  liability,  injuries,          .  80 

costs  recoverable  by  town,  when,      .           .  80 

REDUCTION    OF   STOCK. 

authorization  by  board,      .           .           .           .'  155 

certificate  of,  filing,          ....  155 

directors'  liability,            ....  155 

proceeds,  allowance,  distribution  of,           .  155 

sale,  upon,         ......  141 

REGISTERED    BONDS. 

or  coupon,          ......  154 

REGULATION. 

of  fares,  as  on  railroads,      .           .           .           .8,  154 

REGULATIONS. 

approval,  revision,  etc.,  by  board,        .          .  146 

proceedings  to  enforce,    .           .           .         170,  171 

by  towns,  etc.,        ....         146,  147 
grade  crossings,  as  to,          ....  10,  11 

penalty  for  violation  of,      .           .           .           .  146 

snow,  removal  of,  as  to  proceedings,    .           .  147 

speed,  as- to  violation  of,    ....  146 

wires,  as  to,      .          .          .          .          .          .  139 

RELIEF    SOCIETIES. 

for  employees,             .....  21 

formation,  organization,  etc.,       ...  21 

filing  certificate,  fee,  etc.,          ...  21 

by-laws,  approval  by  board,        ...  22 

voting  regulated  by,        ....  22 

employees',  annual  report  to  board,     .          .  22 

examination  of  books  and  papers,    .           .  22 

funds  not  attachable,  etc.,            ...  22 

investigation  by  local  authorities,         .           .  21 

report  to  secretary,          ....  21 

purposes  of  incorporation,             ...  21 

street  railway  as  associate,  etc.,            .          .  22 


INDEX    TO    STREET    RAILWAY    LAWS. 


249 


REMEDIES. 

additional,  attorney  general  to  act  for  board,  170 
equity  jurisdiction  to  invoke,       .  .  170,  171 

violation  of  laws,  to  restrain,  .  .  .170 

of  rules  and  regulations,  to  restrain,       .        171 

to  review,  annul,  modify  or  amend  rulings,  171 
returns,  for  neglect,  etc.,  ....  170 
as  to  valuation,  taxation,  etc.     See  Taxation. 

REMOVAL    OF    TRACKS. 

at  expense  of  company,  when,     .  .         147,  14S 


16S 


164 
148 
148 
149 


REORGANIZATION. 

after  purchase  from  receiver,  capital,  etc. 

REPAIR. 

application  of  taxes  for  ways  and  places, 
of  ways,  responsibility, 
opening  for  repair,  permit, 
restoration  of  surface, 
notice  of  necessary  repairs, 

REPAIRING    STREETS. 

transportation  of  material. 


REPEAL. 

of  certain  portions  of  the  Revised  Laws,  etc.,        171 
not  to  affect  certain  acts  done,  etc.,  .       172 

REPORT. 

annual,  of  board,        .....  6 

inspectors,  by,  to  board,     ....  24 

See  Returns. 


RESERVED    SPACES. 

in  public  ways,  for  street  railways, 


138,  139 


RETURNS. 

annual,  to  board,  contents,  etc.,  .  .        169 

change  in  form  of,  by  board,   .  .  .170 

amendment  of  defective,  .  .  10,  170 

sworn  to,  by  treasurer  and  superintendent,        169 
blanks  and  forms  for,  .  .  .  10,  170 

system  prescribed  by  board,    .  .  10,  169 

contracts,  leases,  etc.,  to  contain,  .  .        169 

dividends  and  length  of  line,  of,  to  tax  com- 
missioner,        ....         159,  160 
earnings  and  length  of  track  to  assessors,      .        162 
express  business  of,  to  board,      .  .  .106 

lessee  to  make  returns  to  lessor,.  .  .        170 

liable  to  lessor  for  failure,         .  .  .170 

lessor  responsible  for  correctness,  .  .       170 

neglect  to  make,        .....       170 
remedy  for  neglect,  additional,    .  .  .170 

tallies,  abstracts,  etc.,  board  to  prepare,        .  6,  170 
time  of  filing  changed,         ....      1146 

REVIEW. 

of  rulings  of  board  by  courts,      .  .         170,   171 

REVISION. 

of  regulations,  etc.,    . 

proceedings  to  enforce,  . 
of  speed  rules,  by  board,     . 
of  excise  tax,  by  board,  when, 
of  fares,  by  legislature, 

REVOCATION. 

of  locations,  approval, 
new  petition  after,  etc., 
non-removal  of  tracks  on, 

Si'i-  Location    \m>  •  'onstuuci  ion. 


146 

170 

171 

146 

163 

88, 

154 

144 

124 

144 

RIGHTS. 

of  purchasers  from  receiver,         .          .          .  168 

ROAD    MATERIAL. 

transportation  of,       ....  134 

ROLLING    STOCK. 

and  stations,  suggestions  as  to,  .          .          .  8 

inspection  of,           .....  24 

attachment  of,  restrictions  as  to,           .           .  26 

void  unless  other  property  first  demanded,  26 

ears,  heating,  neglect,  etc.,            .           .           .  151 

number  and  routes,  regulated,           .           .  146 

conditional  sale  of,  .  .  .  .  .  25,  26 
acknowledgment,  recording,  fee,  .  .  26 
general  laws  not  to  apply,  ...  26 
name  of  owner,  etc.,  to  bear,  ...  26 
payment  of  price,  record,  fee,  .  .  26 
secretary  of  commonwealth,  to  record  con- 
tract   26 

See  Cars. 

ROUTE. 

to  be  described  in  agreement  of  association,  122,  168 

RULINGS    OF    LAW. 

record  of,  .  .  .  .  .  .170 


s. 


SALE    OF   ROAD. 

authority  for,  approval,      .  .  .  30,  139,  140 

increase  of  capital,  for  purchase,  .  .        140 

proceeds  not  to  be  used  for  dividends,  .        141 

reduction  of  stock  upon,     .  .  .  .141 

receiver,  by,      ......       167 

See  Consolidation  and  Sale. 
of  rolling  stock.     See  Rolling  Stock. 


SALES    ON    CARS. 

by  children,  penalty,  when, 


151 


SAVINGS    BANKS. 

may  accept  bonds  as  collateral,  when,  .        169 

may  invest  in  railway  bonds,  when,    168,  169,  169a 

bank  commissioner,  duties  as  to,     16S,  169,  169a 

lists  of  companies,  board  to  furnish,        169,  169a 

West  End  Street  Railway  Company,  rental,        169 


SCHOOL    CHILDREN. 

fares  for, 

See  Parks. 


153,  153a 


SECRETARY   OF   COMMONWEALTH. 

agreement  of  association,  to  bo  filed  with,     . 

of  purchasers  of  road  at  receiver's  sale,  t" 

be  filed  with,  .... 

authority   for   change  of  name,   to   be   filed 
with,       ...... 

certificate  of   consolidation   or   lease,    to  be 
filed  with,        ..... 

of  incorporation,  issue  by,         .  127,  128, 

for  relief  societies,  issue  by,      .  .  .21 

as  to  bonds,  to  be  filed  with,   . 
as  to  change  of  name,  issue  by, 

as  to  extension  of  franchise,  to  be  filed  with 

as  to  locations,  to  be  filed  with, 

as  to  payment  of  capital,  to  be  filed  with 

as  to  stock  issue,  to  be  tiled  with, 
as  to  stock  increase,  to  be  tiled  with. 
as  to  stock  reductions,  to  be  filed  with, 


127 


L67 


30 
His 

22 
156 
159 
133 
127 
132 
156 
156 
155 


250 


INDEX    TO    STREET    RAILWAY    LAWS. 


SECRETARY     OF    COMMONWEALTH  — 

Concluded. 

dissolution,  return  to,  in  proceedings,  .           .  167 
petitions  for  special  charter,  to  be  deposited 

with,       ......  37 

publication  of,  may  direct,  ...  37 
transmission  to  general  court,  .  .  37 
report  to,  as  to  relief  societies,  .  .  .  21,  22 
surrender  of  charter,  duties  as  to,  .  .  167 
tables  and  abstracts  of  returns,  to  lie  trans- 
mitted to,  •  •  1"0 
to  record  conditional  sales  of  rolling  stock,  .  26 

SELECTMEN. 

definition,           ......  121 

powers  as  county  commissioners,  when,         .  138 

may  revoke  locations,  when,        .           .           .  144 
may    order    temporary     discontinuance    of 

tracks,    ......  148 

may  order  removal  of  tracks,  when,     .           .  147 
may  petition   for  examination   of  railways, 

etc.,         ......  8 

to  approve  grade  crossing  abolitions,   .           .  158 

to  grant  locations,  etc.,       ....  123 

alteration  of  location,  etc.,       .           .           .  143 

tracks,  operation  of,  powers  as  to,        .         146,  147 

removal  of,  may  order,   ....  147 

temporary  discontinuance,  may  order,       .  148 
See    Location    and    Construction; 
Taxation. 


SHARES. 

of  stock. 


See  Corporate  Matters. 


SIGNALS. 

injury  to,  .... 

installation  of,  block, 

equity  jurisdiction  to  enforce, 

SNOW. 

removal  of,  regulations  as  to, 

provisions  as  to, 

street  railway  taxes,  applied  to, 
transportation  of, 


29 


.   147 

147 

165,  166 

134 


See  Operation;  Corporate  Powers. 


SPECIAL    CARS. 

companies  may  provide;   penalty  for  neglect, 


special  rates  on, 

for  workingmen,  etc., 
hours  of, 

SPECIAL    CHARTERS. 

petition  to  general  court  for, 

See  Petition. 

SPECIAL    COMMISSION. 

for  abolition  of  grade  crossings, 
in  alteration  of  crossing  proceedings, 
See  Crossings. 

SPECIAL    MEETINGS. 

clerk  to  call,      .... 
stockholders  may  request, 

SPECIAL    RATES. 

on  special  cars, 

for  workingmen,  etc.,  penalty, 
for  pupils;   penalty  for  neglect, 


152,  153 

152,  153 

153 

153 


37 


129 

129 


SPEED    OF    CARS. 

local  authorities  to  establish, 
board  to  approve,  revise  and  alter, 

proceedings  to  enforce,   . 

violation  of,  ... 

cities  and  towns  may  make  ordinances, 

SPRINKLING    CARS. 

use  of,   .....    . 


146 
146 
146 
146 

147 


134 


145,  145a,  146 
.   1286 


146 

145 
146 
146 
146 
145 
145 
149 
134 
145 
145 


152,  153 

153 

.        153 


STATE    HIGHWAYS. 

street  railways  on, 

action  of  directors  as  to, 

alteration,   extension,   revocation  of  loca- 
tions upon,      .  .  .         145,  145a 

commission  to  indicate  locations,  etc.,  in 
when,      ..... 

company  to  restore  to  former  condition, 

laying  in,  regulated,  supervision, 

supervision  of,         . 
construction,  company  may  share  in  expense 
damages,  grading,  etc.,  cost  of,  . 
liability  for  injuries  on, 
transportation  of  material  for,     . 
ways  to  become,  grading,  etc.,     . 

assessment  of  expense,    . 

STATE    HOUSE    PARK. 

no  construction  over,  .... 

STATE    INSTITUTIONS. 

location  on  land  of,  forbidden,  except, 

STATEMENTS. 

publication  of,  ..... 

STATIONS. 

board  to  suggest  changes  in,         . 

may  recommend  relocation  of, 

loitering  in,  prohibited,  penalty. 

See  Waiting  Rooms. 

STATUTORY    PROVISIONS. 

as  to  board's  authority,  scope  of, 

STEAM. 

as  motive  power,  not  permitted, 

STOCK  BOOKS.     See  Corporate  Matters 
(Capital  Stock). 

STOCK    CERTIFICATES.     See   Corporate 
Matters  (Capital  Stock). 

STOCK    DIVIDENDS. 

prohibited,  when,       ..... 
See  Corporate  Matters. 

STOCKHOLDERS. 

access  of  board  to  lists  of,  ... 

books  and  accounts,  may  request  examina- 
tion of,  . 
capital  stock,  vote  for  reduction  of, 

proceeds,  distribution  among, . 
certificate,  stock,  each  stockholder  entitled 

to,  ... 

majority  to  approve  leases, 

two-thirds    to    approve    consolidation    or 

sale,         ..... 
two-thirds  to  approve  change  of  name 
may  petition  for  dissolution,    . 


125 


124 


86 
150 


134 


155 


9 
155 
155 

130 
140 

140 
159 
166 


INDEX    TO    STREET    RAILWAY    LAWS. 


251 


STOCKHOLDERS  —  Concluded. 

may  apply  to  supreme,  etc.,  court,  as  to  stock 

and  bond  issues, 
new  shares,  entitled  to, 

cash  payment  for, 

notice  of, 

price  of,  stockholders  to  fix, 
special  meetings,  may  request, 
vote  for  bond  issue,  . 

for  consolidation  or  lease, 

for  reduction  of  stock,     . 
votes  at  meetings, 


156 
157 
157 
157 
506 
129 
156 
140 
155 
130 


STOCK    ISSUES. 

as  to,  board  may  invoke  equitable  relief,       .  156 

grade  crossings,  for  abolition,       ...  15 

pleasure  resorts,  for,             .           .           .         134,  154 

preferred,           ......  526 

purchase  from  receiver,  after,      .           .           .  168 

upon  domestic,  by  foreign  corporation,          .  141 
See  Corporate  Matters. 

STOCKHOLDING. 

in  another  company,  authority  for,      .         134,  140 
not  permitted,  except,    ....       134 

STONES. 

transportation  of,       .....        134 

STOPS. 

at  railroad  crossings,  ....        150 

STREET    RAILWAY. 

definition,  ......        121 

STREET  RAILWAY  POLICE.     See  Police. 

STREET   SPRINKLING   CARS. 

authority  for,    ......        134 

See  Corporate  Powers. 

STREET    SWEEPINGS. 

transportation  of,       ....  .        134 

See  Corporate  Powers. 

STREET    WIDENING. 

assessment  of  part  of  expense  of,  .  .        145 

STREETS. 

construction,  grading,  repairing  of,       .  .        134 

transportation  of  material,       .           .  .        134 

or  cars  of  other  railways,  obstruction  of,  150,  151 

taken  up,  towns  not  liable  to  companies,  .        148 

See  Ways;  Operation. 


SUNDAY    LAW. 

no  defence,  liability  for  injuries, 
street  railways  exempt  from, 


101 
101 


STRUCTURES. 

on  ways,  authorization, 
overhead;  consent  of  board, 

SUBMISSION. 

of  books  and  accounts  to  board, 
non-submission;   penalty, 

SUBSCRIBERS. 

directors  to  be,  formation, 

SUBSCRIPTIONS. 

for  shares;   time  for,  etc.,    . 

SUNDAY    CARS. 

running  of,  permitted. 


158 

158 


9,  10 
10 


122,  168 


157 


101 


SUPERIOR    COURT. 

jurisdiction  in  equity,  to  appoint  receivers,     .        166 
to  enforce   laws,   orders,   etc.,   concerning 

issues  of  stock  and  bonds,  .  .        156 

attorney-general,  board  or  stockholder, 

etc.,  may  apply,       ....       156 
to  order  copies,  books  or  records,  exhibited 

to  stockholders,         ....        131 
to  review,  annul,  modify,  amend  rulings  of 

state  boards,  ....  170,  171 

dissolution,  decree  for,  upon  application,  166 

justice  of,  may  compel  attendance  and  testi- 
mony of  witness  before  board,  .  10 
may  hear  and  award  costs  in  appeals  from 

local  valuation,         ....        160 


SUPERVISION. 

board's  authority  as  to, 

by  board,  of  grade  crossings, 


.  10,  11 


SUPREME    JUDICIAL    COURT. 

jurisdiction    in    equity,    as   to    operation    of 

trains  and  cars,         ....  7 

to  appoint  receivers,        ....        166 

to  compel  observance,  etc.,  of  street  rail- 
way laws,         ....  170,  171 

to  compel  use  of  tracks,  when,  .  .        148 

to  dissolve  domestic  companies  on  issue  of 

securities  by  foreign  corporations,       .        141 

to  enforce  laws,   orders,  etc.,  concerning 

issues  of  stock  and  bonds,  .  .        156 

attorney  general,  board  or  stockholder, 

etc.,  may  apply,        ....        156 

to  enforce  compliance  with  orders  of  board 

as  to  block  signals,  ...  .7 

to  order  copies,  books  or  records,  exhibited 

to  stockholders,         ....        131 

to  review,  annul,  modify,  amend  rulings  of 

state  boards,  .....        171 
dissolution,  decree  for,  upon  application,       .        166 
justice  of,  may  compel  attendance  and  testi- 
mony of  witnesses  before  board,  .  10 

SYSTEM. 

uniform,  books  and  accounts,      .  .  .9,  169 

T. 

TABLES. 

and  abstracts  for  annual  returns,  .  .        170 

TAX    COMMISSIONER. 

returns  of  length  of  line  and  dividends  to,    .       159 
See  Taxation. 

TAXATION. 

In  General. 

additional  tax  if  dividends  exceed  8  per  cent .,        161 
application  of  tax,      ....  163,  164 

apportionment  of  franchise  and  additional 

tax 161 

corporate  franchise,  upon,  .  .  160,  161 
deductions  from  valuation  of  franchise,  .  160 
excise  tax  on  earnings,  ....  162 
poles  and  wires,  of,  .....  1606 
returns  of  length  of  line  to  assessors,  .  .  162 
tax  commissioner,  to,  of  length  and  divi- 
dends,   ......  160 


252 


INDEX    TO    STREET    RAILWAY    LAWS. 


TAXATION  —  Continued. 

Application  of  Taxes. 

for  repair,  etc.,  of  public  ways  and  places,    . 
for  removal  of  snow  from  ways  or  places, 
Boston  Elevated  railway,  tax,  provisions  as 

to 164,  165 

West  End  street  railway,  taxation  of,  provi 

sions, 


164 
164 


165 


Corporate  Franchise  Tax. 

annual  returns  to  tax  commissioner,  con- 
tents  159,  160 

length  of  line  in  and  out  of  state,                 .  160 
length  of  track  operated  in  each  city  or 

town,      ......  160 

amount  of  dividends  paid,  etc.,         .           .  160 
treasurer  to  make  oath  to,        .           .           .  159 
franchise,  valuation,  commissioner  to  ascer- 
tain   160 

cash  value  to  be  true  value,  unless,            .  160 

deduction  for  length  of  line  without  state,  160 
for   real   estate   and   machinery   locally 

taxed 160 

local  assessment  taken,  but  not  conclusive,  160 

appeal  from  local  valuation,     .           .           .  160 
county  commissioners  or  superior  court 

may  hear,        .  .  .  .160 

tax  commissioner  may  require,  and  be 

heard,     ......  160 

costs,  award  of,             ....  160 

tax  to  be  paid,  how  determined,            .           .  160 

provisions  of  law  to  apply,       .           .           .  160 

valuation,  local,  of  real  estate  and  machinery,  160 
appeal  from,   commissioner  may   require, 

etc 160 

remedy  when   commissioner's  is  less  than 

local  assessment,       ....  161 
notice  to  company  and  to  assessors,            .  161 
failure  to  prosecute  appeal,  valuation  con- 
clusive,             .....  161 

Additional  Corporate  Franchise  Tax. 

to  be  paid  when  dividends  exceed  eight  per 

cent.,      ......  161 

amount  to  be  determined  by  tax  commis- 
sioner,   ......  161 

exemption  if  six  per  cent,  not  paid  annually 

from  beginning,         ....  161 

Commutation  Tax. 

assessments  of  exfise  tax  proportionately,    .  162 
distribution   of   tax,    determined   by   board, 

when,      ......  163 

gross  receipts,  except,  return  to  assessors,     .  162 

length  of  track,  annual  return  to  assessors,  .  162 

payable  to  cities  and  towns,         .           .           .  163 

percentages,  how  based,      ....  162 

revision  of  tax,  petition  to  board,         .           .  163 
aldermen,  selectmen  or  company,  may  ap- 
peal,       .                      .           .           .           .163 

notice,  hearing,  determination,  etc.,            .  163 

not  to  be  changed  for  three  years,  etc.,      .  163 

tax  to  be  in  addition  to  other  lawful  taxes,  .  162 

tax  collector,  notice  to,  by  assessors,    .           .  163 

collection,  general  laws  to  apply,  etc.,        .  163 
Wachusett  Mountain  reservation,  payable 

to  state,  ....         161,  166 

credited   to   sinking   fund   of   park,   etc., 

loans,     .....         161,  166 


TAXATION  —  Concluded. 

tax  commissioner  to  determine  amount  due 

cities  and  towns,       ....        162 
notification,  certification,  appeal,  etc.,       .        162 

Exemption  and  Apportionment, 
no  local  assessment  on  shares  when  state  tax 

is  paid,  ......       161 

apportionment  of  tax  to  cities  and  towns,     .        161 
proportionate  to  length  of  track  operated 

in  each  town,  ....        161 

on  metropolitan  park  location,  payable  to 

state 161 

Tax  Commissioner. 

annual  returns  to,  etc.,       ....  159 

appeal  from  local  valuation,  may  require,     .  160 

deduction  for  length  of  line  without  state,    .  160 

dividends,  return  of,  to,      .  .  .  .  160 

franchise,  valuation  of,  to  ascertain,    .  .  160 

remedy,  when  less  than  local  assessment,      .  161 
to  determine  additional  corporate  franchise 

tax,  when,        .....  161 

to  determine  amount  due  cities  and  towns,  .  161 

TEMPORARY    CLERK. 

appointment  and  duties,     ....        122 

TEMPORARY    LOCATIONS. 

when  rebuilding  bridges,     ....     1226 

TEMPORARY    TREASURER. 

appointment  and  duties,     .  .  .  .        122 

TERMINI. 

to  be  set  forth  in  agreement  of  association,    122,  168 


TIME. 

for  acceptance  of  location,  limit, 

TOOLS,   EMERGENCY. 

equipment  with,  board  may  require, 

TORPEDOES. 

marking  of,        .  .  .  . 

TOWN    OFFICERS.     See  Selectmen. 

TOWNS. 

distribution  of  tax,  appeal  to  board, 
excise  tax  payable  to, 
may  furnish  electricity,  when,     . 
may  purchase  electricity,   . 

commissioners  to  fix  price, 

See  Electricity. 
not  liable,  discontinuance  of  ways, 
recovery  over  by,  against,  when, 

costs  recoverable  by,  when, 
route  in,  in  agreement  of  association, 

TRACKS. 

discontinuance  of  use,  voluntary, 
temporary,    .... 

explosives  upon,  prohibited,  penalty, 
torpedoes,  marking  of,    . 

non-removal  on  revocation;  penalty, 

obstruction  of;  penalty, 

endangering  life  or  safety,  penalty, 

refusal  to  operate,  appeal,  etc.,   . 

petition  to  compel  resumption  of  use, 


122c,  124, 
143a,  1446 


151 


1126 


163 
163 
141 
141,  142 
142 

.   148 

149 

149 

122,  168 


147 
148 
150 
1126 
144 
150 
150 
147 
147 


INDEX    TO    STREET    RAILWAY    LAWS. 


253 


TRACKS  —  Concluded. 

removal  of,  at  company's  expense, 
repairs,  negligence  as  to,  etc., 

action,  notice,  etc., 
use  of,  regulated, 

joint  use,       .... 

voluntary  discontinuance  of,    . 

temporary  discontinuance  of, 
See  Operation. 
length  of,  return  to  assessors, 
relocation  in  grade  crossing  proceedings, 

TRANSFERS. 

on  cars,  conditions,  misuse  of,     . 

discontinuance  of,  regulated,  board  to  ap- 
prove,    . 
of  stock, 


147 

148, 

149 

148 

146 

134 

147 

148 

148 

TRANSPORTATION 

of  coal,     . 

of  explosives,    . 

of  gravel,  dirt,  street 

of  mails, 

of  merchandise, 

of  military  supplies 

of  milk  and  cream, 

of  newspapers, 

of  pupils, 

of  road  material,  ice, 


162 
15 


154 
130 


sweepings 


snow, 


134 

97,  98 

134 

134 

135 

1346 

135a 

135 

153,  153a 

134 


TREASURER. 

bond  of,  by-laws  to  fix, 

election  and  bond,     .... 

bonds,  to  record,    .... 

temporary,  appointment,  duties, 
to  swear  to  returns  to  tax  commissioner, 

to  board,       ..... 

TRUSTEE. 

may  vote  on  stock  held  by  him, 


IT. 

UNIFORM    SYSTEM. 

of  accounts,  etc.,  continuance  of, 

UNITED    STATES    MAIL. 

street  railways  may  carry, 


128.  129 

128,  129 

47 

122 

159 

.       169 


130 


.  9,  169 


V. 


VACANCIES. 

among  officers,  directors  to  fill,  . 

VALUATION    OF    FRANCHISE. 

deductions  from,  in  taxation, 
tax  commissioner  to  ascertain,    . 
valuation  of  real  estate,  etc.,  appeal  from, 
See  Taxation. 

VESTIBULES. 

for  cars,  approval, 
neglect  of,  penalty, 


134 


122,  129 


160 
160 
160 


151,  152 
152 


VOID. 

location,  if  organization  incomplete  in  eight- 
een months,     .  .  .  .  .124 
if  some  portion  not  built,  etc.,  in  eighteen 

months,  .....       132 


VOID  —  Concluded. 

location,  on  failure  to  apply  for  certificate 

within  thirty  days.  ....        124 
by   refusal   of   certificate   or  non-accept- 
ance,     ......       124 

VOTE. 

of  stockholders,  approving  consolidation,      .        140 


VOTES. 

at  meetings,  by  stockholders, 

VOTING. 

by  stockholders  at  meetings, 

proxy  voting  regulated, 
in  relief  societies, 


w. 

WACHUSETT     MOUNTAIN     RESERVA- 
TION. 

location  upon,  provisions  as  to,  . 
tax  payable  to  commonwealth,  . 


130 


130 

130 

22 


126,  127 
161,  166 


8 

.      8,  9 

150 

111,  Ilia 

86 


66, 


WAITING    ROOMS. 

board  may  supervise, 
local  authorities  may  petition,     . 
loitering  in,        . 
expectoration  in,        . 
relocation  of,  board  may  suggest, 
See  Stations. 

WAY. 

public,  definition, 


WAYS. 

alteration  of,  liability  for  expense, 
alteration  of  grade  of,  expense,  . 
betterments,  assessment,  etc., 

assessment,    not    more    than    one-quarter 
cost,        ...... 

provisions  of  law  applicable,    . 
construction,  grading,  repair  of, 

transportation  of  material, 
crossings  over  or  under,  consent  to, 
defects  in,  company  liable,  when, 
discontinuance  of,      . 

of  tracks  in,  etc.,    .... 
grades  and  curves  in,  locations  to  avoid, 
grade  crossings,  abolition  or  avoidance  of, 

land  taking,  construction  within  way, 
negligence,  liability  for, 
obstruction  of  streets,  penalty,    . 
operation  on,     . 

exceptions,    .... 
reserved  spaces  in  public  ways,  . 
repair  of,  etc.,  .... 
state  highways,  operation  on, 
structures  on,  authorization, 
taken  up.  towns  not  liable,  etc.,. 
tracks  in,  repairing,  etc.,     . 
use  of,  by  cars;   penalty,     .  .  •  1  "'• 

widening  for  street  railways,  expense,  144, 

decision,  necessary  for  public  convenience, 

assessment  not  to  exceed  one  half  cost,     . 
See  also  St ati:  Highways;  Operation. 

WEEKLY   PAYMENTS. 

to  employees,  ...... 


1  17 


157, 


150, 


138, 

l  18, 


121 


148 
145 
145 

145 
145 
134 
134 
138 
149 
148 
148 
136 
138 
158 
149 
151 
146 
136 
139 
149 
146 
146 
lis 

1  IS 

147 

115 
1  11 
1  15 


S6 


254 


INDEX    TO    STREET    RAILWAY    LAWS. 


WEST    END    STREET    RAILWAY    COM- 
PANY. 

provisions  as  to  taxation,  .... 
dividends  for  rental  deemed  earnings, . 

WHEEL    GUARDS. 

requirement  by  board,         .... 


WIDENING. 

of  ways,  expense  of, 

WIRES. 

destruction  of,  penalty, 

regulations  as  to,        . 

insulators,  lightning  arresters,  etc., 


164 
169 


144,  145 


142c 
139 
139 


WIRES  —  Concluded. 

marking  feed  wires,  etc.,  when,  . 
taxation  of,        . 


139 
1606 


WITNESSES. 

compulsory  attendance  of,  ...         10 

summoning,  oaths,  fees,  etc.,  ...         10 

by  inspectors,      .  .  .  .  .24 

fees,  not  allowed  street  railway  police  officers,         24 


WORKING    CAPITAL. 

issue  of  securities  for, 


WORKINGMEN'S   RATES. 
of  fare,     .... 


1546 


153 


INDEX  TO  ELECTRIC  RAILROAD  LAWS. 


A. 


ABOLITION    GRADE    CROSSINGS. 

stock  or  bond  issue  for.  See  Capital  Stock; 
Bonds. 

See  Index  to  Railroad  Laws. 

ABUTTING    OWNERS. 

notice  to,  as  to  route.     See  Formation. 

ACCIDENTS. 

prevention  of,  board  may  make  rules  for, 
liability,  penalty,  for  negligence,  etc.       See 

Index  to  Railroad  Laws. 
notice  of,   inquests.     See  Index  to  Railroad 

Laws. 
loss  of  life  by,  penalty.    See  Index  to  Railroad 

Laws. 

AGREEMENT. 

of  association.     See  Formation. 
as  to  route.     See  Formation. 

ALDERMEN. 

duties  as  to  route,  etc.  See  Formation  (Fix- 
ing the  Route);  Location. 

state  highway  commissioners  have  powers  of. 
See  Location. 

duties  as  to  alteration,  extension  and  revoca- 
tion of  location.     See  Locations. 

overhead  crossings,  action  as  to.  See  Cross- 
ings. 

speed,  action  on.     See  Highways. 

ALTERATION    OF    CROSSINGS.     See   In- 
dex ti>  Railroad  Laws. 

ALTERATION    OF    LOCATION.     See    Lo- 
cation. 


178 


AMENDMENTS. 

to  act,  passed,  1907, 
passed  1908, 


178-180,  185,  186 
.   1746,  c,  d.  e 


APPLICATION. 

for  certificate  of  exigency.     See  Formation. 

one  year  after  refusal.     See  Formation. 
for  route.     See  Formation. 

APPEAL.     See    Railroad    Commissioners; 

Taxation. 

APPLICATION     OF    TAXES.     See    Taxa- 
tion. 

APPORTIONMENT.      See  Taxation. 


APPROVAL.     See     Railroad     Commission- 
ers. 

ASSESSMENT;     ASSESSORS.     See    Taxa- 
tion. 

ASSOCIATES.     See  Formation. 

ATTACHMENT. 

of  rolling  stock.     See  Index  to  Railroad  Laws. 

ATTORNEY  GENERAL. 

action  on  returns.     See  Remedies. 

AUCTION    SALE. 

of  stock.     See  Capital  Stock. 

AUTHORITY. 

of  companies.     See  Formation;  Corporate 

Powers. 
of  board.     See  Railroad  Commissioners. 

AVOIDANCE    OF    CROSSINGS. 

purchase  of  land  for,  etc.     See  Crossings. 


B. 

BAGGAGE  TRANSPORTATION.      See 

Corporate   Powers    (Common   Car- 
rier). 

BELLS. 

railroad  law  not  to  apply. 
board  to  make  rules  as  to, 

BETTERMENTS.     See      Location      (Street 
Widening);    Bonds;    Capital  Stock. 

BOARD    OF    APPEAL.     See  Taxation. 

BONDS. 

issue  of,  amount  determined  by  board,        154, 

approval  by  board,  .... 

for  certain  purposes,  .... 

pleasure  resorts,  for  acquiring, 
power  houses,  car  bouses,  park  buildings, 

for,  ...... 

rolling  stock,  for  additional, 
motive  power,  for  changing,    . 
electricity,  for  lighting  towns, 
grade  crossings,  for  abolishing, 
widening  or  altering  streets,  be! 

for  paying,       ..... 
permanent   investments  or  improvements 

for 


177 
178 


155 
154 
154 
154 

154 

154 

I.M 

154 
154 

154 

154 


256 


INDEX    TO    ELECTRIC    RAILROAD    LAWS. 


BONDS  —  Continued. 

for  certain  purposes,  real  or  personal  prop- 
erty, additional,  for,           .            .           .  154 
refunding  funded  debt,  for,      .          .          .  154 
payment  of  money  borrowed  or  indebted- 
ness incurred,  for,    ....  154 

decision  of  board  within  thirty  days,   .           .  155 
to  assign  reasons,  specify  amounts,  and  for 

what  purposes,  .  .  .  155,  156 

filing  in  seven  days,         .  .  .  .156 

certificate  to  secretary  of  commonwealth 

within  three  days,    ....  156 

no  issue  before  certificate  is  filed,            .  156 
proceeds,  application   of,   for  specified   pur- 
poses only,       .....  156 

limit  of  issue  of  bonds,  coupon  notes,  etc.,     47,  156 
certain  bonds  lawfully  issued  excepted,     .  156 
bonds  to  retire  outstanding  evidences  of  in- 
debtedness excepted,         .          .          .  156 
stockholders  to  authorize  issue  by  vote,         .  156 
special  meeting  called  for  the  purpose,       .  156 
floating  debt,  funding,  etc.,  bond  issue  for,   .  47 
mortgages  to  secure,        ....  47 

amounts,  not  less  than  $100  each,         .           .  47 
payable    in    periods    not    exceeding    fifty 

years,     ......  47 

premiums,  cash  value,  may  be  computed,  .  47a 
interest  not  exceeding  seven   per  cent,  per 

year,       ......  47 

payable  annually  or  semi-annually,             .  47 
treasurer  to  record  in  office,         ...  47 
to  be  approved  by  person  appointed  there- 
for  47,  48 

certificate  of  proper  issue  and  record,         .  48 
securities,  collectible,  though  sold  at  less  than 

par 48 

of  other  corporations,   railroad   law   not   to 

apply,    .  .  .  .  .  .177 

Registered  Bonds. 

exchange  for  coupon,  etc.,            ...  48 

terms,  regulations,  prescribed  by  directors,  48 

trustees,  if  any,  to  approve,  ...  48 
to  be  in  conformity  with  laws  as  to  coupon 

bonds,    ......  48 

exchange  not  to  affect  mortgage  or  pledge 

given,     ......  48 

coupon  bonds,  cancelled  and  destroyed  at 

exchange,        .....  48 

Mortgages. 

to  secure  bonds  previously  issued,         .           .  48 
trustees   under,   may  enter  upon   property, 

when,     ......  48 

may  contract  with  corporation  to  operate 

road,       ......  48 

vote  of  bondholders,  etc.,  prerequisite,  .  48 

meeting  called  for  the  purpose,     .           .  48 

notice,  publication,  etc.,   ...  48 
liabilities   incurred   in   operation,   claim 

against  income,        ....  49 

subject  to  laws  applying  to  corporations,  .  36 
annual  meeting  of  bondholders  or  creditors, 

to  call, 49 

annual  report  to  be  submitted,  .  .  49 
election  and  confirmation  of  trustees,  .  49 
five  bondholders  may  call,  when,  .  .  49 
notice,  publication,  etc.,  ...  49 
proceedings  confirmed  by  justice  of  su- 
preme court,  notice,  etc.,  .  .  49 
hearing,  decree,  filing,  etc.,            .          .  49 


BONDS  —  Concluded. 

equity  jurisdiction  to  enforce,      ...  49 

summary  removal  of  trustee  under  mortgage,  49 

sale  under  foreclosure,         ....  49 

purchaser,  rights,  liabilities,  etc.,      .  .  49 

BOOKS    AND    RETURNS. 

uniform   system,   annual   returns,   etc.     See 

Index  to  Railroad  Laws. 
returns,  refusal  or  neglect  to  make,      .  .        170 

BOYNTON    BICYCLE    RAILWAY. 

provisions,  as  far  as  applicable,  etc.,    .  .        186 

BRANCHES. 

aid  in  construction  of.    See  Index  to  Railroad 

Laws. 
and  extensions.     See  Index  to  Railroad  Laws. 

BRIDGES. 

repair  of,  etc.     See  Highways. 
guards  for.     See  Operation. 

See  also  Index  to  Railroad  Laws. 


c. 

CAPITAL    STOCK. 

fixed  in  agreement  of  association,         .  .        174 

subscription,  payment,  etc.,     ...  41 

par  value.     See  Formation. 
of  other  corporations,   railroad   law   not   to 

apply,    ......       177 

Issue  of. 

amount  determined  by  board,     .  .  .        155 

decision  within  thirty  days,  .  .  .        155 

to  assign  reasons,  specify  amounts,  and  for 

what  purposes,  .  .  .  155,  156 

filing  in  seven  days,         .  .  .  .156 

certificate  to  secretary  of  commonwealth 

within  three  days,    ....        156 

no  issue  before  certificate  is  filed,  .        156 

preferred,  ......        526 

proceeds,  application  of,  for  specified  pur- 
poses only,      .....       156 


Increase  of. 

amount  to  be  determined  by  board,  . 
approval  by  board,  .... 
for  certain  purposes, 

pleasure  resorts,  for  acquiring, 

power  houses,  car  houses,  park  buildings 

for 

rolling  stock,  for  additional,  . 
motive  power,  for  changing,  . 
electricity,  for  lighting  towns, 
grade  crossings,  for  abolishing, 
widening  or  altering  streets,  betterments 

for  paying,       .... 
permanent  investments  or  improvements 

for,  ..... 

real  or  personal  property,  additional,    for 
refunding  funded  debt,  for, 
payment  of  money  borrowed  or  indebted 

ness  incurred,  for,    . 
new  shares,  to  be  offered  stockholders, 

price   not  less  than   market   value,  to  be 

determined  by  stockholders, 
certificate  to  company,  record, 


154 
154 
154 
154 

154 
154 
154 
154 
154 

154 

154 
154 
154 

154 

157 

506 
157 


INDEX    TO    ELECTRIC    RAILROAD    LAWS. 


257 


CAPITAL   STOCK  —  Concluded. 

new   shares,   notice  to  each  stockholder  of 

record,  etc.,     .           .           .           .  157 

time  of  subscription  fixed  by  directors,  51a 
payment  in   cash  before   issue  of  certifi- 
cate,       ......  157 

auction  sale  of  stock,  when,         .          .          .  157 

sale  of  shares  unsubscribed  at,           .           .  157 

notice  by  publication  five  days,  etc.,          .  157 

shares  not  to  be  sold  at  less  than  par  value,  157 

CAR    HOUSES. 

stock  or  bond  issues  for.  See  Capital  Stock; 
Bonds. 

CARS.     See  Highways;  Operation. 

equipment  of,  with  safety  appliances,  etc. 

See  Index  to  Railroad  Laws. 
drawing,  compensation,  etc.      See   Index  to 

Railroad  Laws. 
street  sprinkling,  use  of.     See  Operation. 

CERTIFICATE. 

as  to  stock  or  bond  issue.  See  Capital 
Stock;  Bonds. 

as  to  publication.     See  Formation. 

of  exigency.     See  Formation. 

of  compliance,  preliminary  to  charter.  See 
Formation. 

of  directors,  clerk,  treasurer.  See  Forma- 
tion. 

of  incorporation.     See  Formation. 

of  clerk  of  town  as  to  route;  conclusive  evi- 
dence.    See  Formation. 

of  board  as  to  route.     See  Formation. 

as  to  operation  of  cars.     See  Operation. 

CHARTER. 

certificate  of  incorporation.     See  Formation. 
by  concurrent  legislation.    See  Index  to  Rail- 
road Laws. 

CITIES. 

clerks  of.     See  Formation. 
purchase    of    electricity.      See    Corporate 
Powers. 

CLERK. 

of  association  or  corporation. 

See  Formation;  Corporate  Powers. 
of  city  or  town.     See  Formation. 

CLERK    OF    THE    BOARD. 

certificate  of,  as  to  route.     See  Formation. 

COMMON    CARRIERS. 

of  baggage,  etc.     See  Corporate  Powers. 

COMMONWEALTH. 

rights  reserved  by.  See  Index  to  Railroad 
Laws. 

COMMUTATION    TAX.     See  Taxation. 

CONCURRENT    LEGISLATION. 

corporations  chartered  by.  See  Index  to 
Railrod  Laws. 

CONDITIONAL    SALES. 

of  rolling  stock.    See  Index  to  Railroad  Laws. 


CONDITIONS. 

terms,  obligations,  as  to  locations.    See  For- 
mation. 

CONDUCTORS. 

hours  of,  etc.     See  Operation. 

See  also  Index  to  Railroad  Laws  (Employees). 

CONNECTING      LOCATION.     See      Loca- 
tion. 

CONNECTING    ROADS. 

bonds  of,  guaranteed,  when.     See  Index  to 

Railroad  Laws. 
purchase  of.     See  Index  to  Railway  Laws. 

CONSTRUCTION. 

cost  of,  estimate.     See  Formation. 
wires,  poles,  rails,  etc.,  prescribed.     See  For- 
mation. 

CORPORATE      FRANCHISE      TAX.     See 

Taxation. 

CORPORATE    NAME.     See  Formation. 

CORPORATE    POWERS. 

authority  of  companies  defined,  .           .        173 
powers  and   privileges  of   railroad  corpora- 
tions, except,            .          .  173,  177,  17S 

Capital  Stock  and  Bonds. 

See  Bonds;   Capital  Stock. 


Common  Carrier. 

of  baggage,  express  matter  and  freight, 
president,   directors   or    interested    party 
may  apply,     ..... 

aldermen,  selectmen,  etc.,  to  approve, 
certificate  of  public  convenience,  etc.,  by 
board,     .....  176, 

regulations  and  restrictions  by  local  author- 
ities,       ...... 

approval  by  board,  .... 

subject  to  laws  as  to  common  carriers,  etc.,  . 


Electricity. 

cities  and  towns  not  to  manufacture  for  coin- 
pan  ies,    ...... 

cities  and  towns  may  purchase  from   com 
panies  for  lighting  purposes, 
contracts  not  to  exceed  ten  years,    . 
board  to  approve  terms,  etc., 
meters  part  of  distributing  system,  etc., 
disagreement,  appeal  to  board,  etc., 
price  to  be  fixed  by  board,  after  hearin 
etc.,         ..... 

subject  to  general  laws,  etc.,    . 


176 
176 


177 

177 
177 

177 


Recreation  Grounds. 

companies  may  acquire  pleasure  resorts, 
approval  by  board,  .... 

admission  to  be  free,  .... 

restrictions,  approval  by  board, 
to  be  imposed  by  aldermen  m  -elect  men,  . 

intoxicating    liquors,    not     to     be    sold     on 
grounds,  . 

land    not    to    be    sold  without    approval  of 
board,    ...... 

issue  of  stock  or  bonds  for, 


1  II 

I  II 
111 
141 
142 
142 

142 
142 


134 
134 
134 
134 
134 

134 

134 

151 


258 


INDEX    TO    ELECTRIC    RAILROAD    LAWS. 


CORPORATIONS. 

officers,  meetings,  etc.    See  Index  to  Railroad 

Laws. 
other,    taking   securities   of.      See   Index   to 

Railroad  Laws. 

COUPON    BONDS.     See  Bonds. 

CRIMES. 

.lest ruction  of  poles  or  wires,       .  .  .      142c 

electricity,  unlawful  diversion  of,  .  .      1426 

See  also  Index  to  Railroad  Laws. 

CROSSINGS. 

of  highways,     ......        174 

of  navigable  streams,  ....        174 

of  railways,       ......       174 

of  railroads,       .  .  .  .  .  .174 

of  tide  waters,  .  .  .  .  .174 

supervision,  separation,  alteration,  abolition, 

etc.     See  Index  to  Railroad  Laws. 
private,  severance  of  land,  etc.     See  Index  to 

Railroad  Laws. 

Avoidance  of. 

purchase  of  land  for,  outside  public  ways,    157,  158 
plan  for,  to  be  approved  by  aldermen  or 

selectmen,       .....       158 

public  notice,  hearing,  etc.,      .  .  .        15S 

consent  of   railroad   corporation  or  other 

company,         .....        158 

taking  with  approval  of  board,  notice,  hear- 
ing, ......        158 

description  of  land  to  be  filed  in  registry  of 

deeds 158 

damages,  assessment,  payment,  recovery,     .        158 
construction   of   tracks   over  or  under   rail- 
roads, agreement,     ....        158 
board  to  prescribe,  when,  .  .  .        158 

overhead  structures,  not  less  than  eighteen 

feet  above  railroad  track,  unless,        .       158 
consent  of  board,  when,  .  .  .158 

structures  or  alterations   in   highways,  au- 
thorization,    .....       158 
aldermen,    selectmen    or    state    highway 

commission  may  permit,  .  .       158 


D. 

DAMAGES. 

secured,  prior  to  charter.     See  Formation. 

Recovery  of. 

tracks   in  ways,  additional  servitude  when 

elevated,  .....       185 

lessees,  mortgagees,  etc.,  may  recover,  .       185 

petition    to    superior    court,     filing    notice, 

answer,  etc.,   .....       185 
hearing  by  jury,  if,  etc.,     .  .  185,  186 

finding,  verdict,  how  rendered,    .  .  .        186 

DIRECTORS.     See  Formation;    Corporate 
Powers. 

DISORDERLY      CONDUCT.     See     Opera- 
tion. 

DISSOLUTION. 

of  corporations.     See  Index  to  Railroad  Laws. 


DIVIDENDS. 

over  eight   per  cent.,  additional  tax.      See 

Taxation. 
stock,    forbidden.      See    Index    to    Railroad 

Laws. 

DRAWBRIDGES. 

provisions  as  to.    See  Index  to  Railroad  Laws. 


E. 

ELECTRICITY. 

as  motive  power.     See  Formation. 
sale  for  lighting.     See  Corporate  Powers. 
stock   or    bond    issue  for.      See    Capital 
Stock;  Bonds. 
unlawful  diversion  of,  ...  .      1426 

destruction  of  poles  or  wires,       .  .  .      142c 

EMBANKMENTS,   FENCES,   ETC. 

construction,  etc.  See  Index  to  Railroad 
Laws. 

EMPLOYEES. 

laws  as  to;  accidents  to,  liability,  etc.  See 
Index  to  Railroad  Laws. 

EQUIPMENT. 

of    cars,    board    may    prescribe    regulations 

for 178 

EQUITY    JURISDICTION. 

as  to  meetings,  etc.,  of  bondholders.  See 
Bonds  (Mortgages). 

as  to  discontinuance  of  tracks.  See  High- 
ways. 

as  to  violation  of  laws,  rules,  orders,    .         170,  171 

ESTIMATE. 

of  cost  of  construction.     See  Formation. 

EXEMPTION.     See  Taxation. 

EXIGENCY. 

certificate  of.     See  Formation. 

EXCISE    TAX.     See  Taxation. 

EXPLOSIVES. 

on  tracks.     See  Operation. 

EXPRESS  TRANSPORTATION.     See  Cor- 
porate Powers  (Common  Carrier). 

EXTENSION     OF     LOCATION.     See     Lo- 
cation. 

F. 

FARES. 

fixing,  regulating,  etc.    See  Index  to  Railroad 

Laws. 
evasion  of.     See  Index  to  Railroad  Laws. 

FLOATING   DEBT. 

bond  issue  for  funding.     See  Bonds. 


INDEX    TO    ELECTRIC    RAILROAD    LAWS. 


259 


FORECLOSURE.     See  Bonds  (Mortgages). 

FORMATION. 

of  companies,    .....  173-180 

associates,  fifteen  or  more,       .          .  .       173 

authority  and  powers  of,           .           .  .        173 

motive  power,  electricity,  or  other  than 

steam,    .          .          .          .          .  .173 

Agreement  of  Association, 
contents  of,       .....         173.  174 

to  state  intention,  .  .  .  .173 

corporate  name,  not  similar  to,  etc.,       .        173 
to   contain  words    "electric   railroad 

company,''  .  .  .  .173 

termini,  length,  etc.,   .  .  .  .173 

name  of  county,  city  and  town  where 

located,        .  .  .  .  .173 

gauge,    four    feet    eight    and    one-half 

inches,  .  .  .  .  .174 

amount  of  capital,  not  less  than  $10,000,        174 
par  value  of  shares,  $100,     .  .  .174 

names  and  residences  of  directors,  .        174 

to  be  subscribers  to  agreement,  .        174 

to   serve   until  organization   of   com- 
pany, .  .  .  .  .174 

associate,  each,  to  subscribe  to,  .  .        174 

name,  residence,  post-office  address,  .        174 

number  of  shares  he  agrees  to  take,  .       174 

not  to  pay  more  than  ten  per  cent.,  un- 
less,       .  .  .  .  .  .174 

publication  of,  before  application  to  board,        174 
in  each  city  and  town,  unless,  .  .        174 

newspaper   to    be   designated    by    board, 

when,     .  .  .  .  .174 

sworn  certificate  of  clerk  conclusive  evi- 
dence as  to,     .  .  .  .  .174 

Certificate  of  Exigency. 

application  to  board,  .  .  .  .174 

within  thirty  days  of  publication  of  agree- 
ment,     .  .  .  .  .  .174 

map  to  be  filed  with  application,      .  174 

to  show   highways,   railroads,    railways 

to  be  crossed,  .  .  .  .174 

to  show   navigable   streams  and   tide- 
waters to  be  crossed,         .  .  .174 
extent  of  route  on  private  land,    .          .       174 
extent  longitudinally,  public  ways  and 

places,    .  .  .  .  .  .174 

profile  to  be  filed,  showing  grades,    .  .        174 

estimate   of    cost    of   construction    to   be 

filed, 174 

additional  maps  and  information  to  be  fur- 
nished, .  .  .  .  .  .174 

change  or  modification  of  route,  when,          .        174 
certificate  of  public  convenience  and  neces- 
sity  174 

no  further  proceedings  if  refused.      .  .        174 

application  may  be  renewed  one  year  after 

refusal,  .  .  .  .  .  .       ]  74 

Certificate  of  Incorporation. 

capital,  total-named  in  agreement  t<>  be  sub- 
scribed, .....  41 
ten  per  cent,  to  be  paid  in  cash  before,  .  11 
certificate  of  directors,  clerk  and  treasurer,  .  41 
good  faith  of  associates  to  be  shown,  .  .  11 
publication  of  agreement,  certificate  of,  to  be 

filed 41 


FORMATION  —  Concluded. 

route,  certificates  fixing,  to  be  filed,     .  .         41 

report  of  engineer  and   map,   to   be  de- 
posited, .....         41 

certificate  of  compliance,  issued  by  board,    .         41 
damages,  payment  of,  to  be  secured,  .         41 

to   be  annexed  to  agreement  of  associa- 
tion,       ......         41 

to    be    filed   with    secretary   of    common- 
wealth; fee,    .....         41 

to  be  open  to  public  inspection,         .  .  41 

issued  by  secretary  of  commonwealth,  .        176 

to  contain  words  "electric  railroad  compa- 
nies," etc.,       .....       176 

seal  of  commonwealth  to  be  affixed,     .           .  42 
to  have  force  and  effect  of  a  special  char- 
ter,           42 

recording;  copy  to  be  conclusive  evidence  of 

existence  of  corporation,  .  .  42 

Fixing  the  Route. 

application  to  local  boards,  when,         .  .        174 

within  sixty  days  after  certificate  of  exi- 
gency,    ......        174 

maps  and  profile  to  be  filed,    .  .  .       175 

other  information  upon  request,        .  .        175 

notice  of  hearing,  fourteen  days,  .  .175 

publication  of  notice,       .  .  .  .175 

board  to  designate  newspapers,  when,       .        175 
written  notice  to  abutting  owners,   .  .       175 

to  be  mailed  by  clerk  of  city  or  town, 

seven  days  before  hearing,  .  .        175 

ownership,  how  determined,  .  .        175 

certificate  of  clerk  to  directors  as  to, 

conclusive  evidence,  .  .  .175 

agreement  by  aldermen,  etc.,  as  to  route,     .       175 
assent   of   directors   to   requirements   as   to 

route,     ......       175 

approval  of  route  by  board  thereafter,  .        175 

certificate  setting  forth  route  as  fixed,  .        175 

no  further  proceedings  necessary,     .  .        175 

agreement    with    directors    as    to    different 

route,     .....       1746,  175 

failure  to  agree  within  ninety  days,      .  .        175 

as  to  requirements  for  highway  locations, 

approved  by  board,  .  .  175,  176 

application   to   board,   public  notice  and 

hearing,  .  .  .  .  .176 

fixing  of  route,  grades,  construction,  etc.,        176 
no  change  without  approval  of  board, 

after  notice  and  hearing,  .  .  .176 

change  of  route  on  application,  .  .  .1746 

certificate  as  to  route,         ....       176 

clerk  of  board  to  certify  to  directors,         .       176 
longitudinally  upon  ways  by  conseat  of 

local  authorities,       ....        176 

not    fixed    until    requirements    arc    :i|> 

proved  by  board,  .  .176 

Location  in  Public  Ways, 
aldermen  or  selectmen  to  determine  public 

necessity,         .  .  .  .  .176 

construction,  wires,  poles,  rails,  eh'.,  to  be 

prescribed,  .  .  .  .176 

terms,  condit  ions  and  obligations  may  be  im- 
posed,   .  .  .  .  .176 
to  be  approved  by  board,        .         .         .       176 

FREIGHT  TRANSPORTATION.     See  Cor- 
poh.wi    Powebs  (Common  Carrier). 


260 


INDEX    TO    ELECTRIC    RAILROAD    LAWS. 


G. 

GAUGE.     See  Formation. 

GENERAL    COURT. 

petitions  to,  contents,  etc.  See  Index  to  Rail- 
road Laws. 

GRADE    CROSSINGS. 

abolition  of,  stock  or  bond  issue  for.  See 
Capital  Stock;  Bonds;  Index  to 
i;  nlroad  Laws. 

stops  at.     See  Operation. 

regulation  of.     See  Index  to  Railroad  Laws. 

GRAIN   ELEVATORS. 

as  to,  railroad  law  not  to  apply,  .  .        177 

GRAVEL. 

transportation  of.     See  Transportation. 

H. 

HIGHWAY    COMMISSIONERS. 

State.     See  Location;  Crossings. 

HIGHWAYS.     See  Public  Ways. 

crossing  of.     See  Crossings. 
locations  on.     See  Formation. 
widening.     See  Location. 
state.     See  Location. 

Cars,  Speed,  Use  of. 

rules  by  aldermen  or  selectmen,  as  to,  .       146 

approval,  revision,  alteration  by  board,    .       146 

by-laws  as  to  speed,  etc.,  penalty,        .  .       147 

obstruction  of  highways  by  cars,  etc.;  pen- 
alty,       .  :  .  .  .         150,  151 
railroad  law  not  to  apply,         .  .  .177 

occupation  by  cars,  railroad  law  not  to  apply,        177 

Snow. 

clearing  from  tracks,  regulations  by  super- 
intendent, etc.,  ....  147 
limit  of  amount  removed  by  companies,  .  147 
transmission  of  rules"  to  company,  when,  .  147 
copy  filed  with  board,  ....  147 
appeal  to  board  by  company,  when,  .  147 
notice,     hearing,     findings,    amendments, 

etc 147 

in  force  for  one  year,       ....  147 

Discontinuance  of  Tracks. 

voluntary,  removal,  after  six  months,             .  147 
restoration  of  surface  at  expense  of  com- 
pany,     ......  147 

refusal  to  operate  upon  request,  appeal,       147,  148 
two  or  more  municipalities  may  join  in  ap- 
peal   148 

equity  jurisdiction  to  enforce,  .  .  148 

decree,  notice,  hearing,  decision,  etc.,         .  148 

temporary  discontinuance  of  use,  when,    .  148 
discontinuance  of  highway  where  located, 

town  not  liable,        ....  148 

Repair  of,  Bridges. 

surface  material,  companies  not  required  to 

repair,    ......        148 

to   be   replaced    by   company   when    dis- 
turbed, exception,    .  .  .         148,  149 


HIGHWAYS  —  Concluded. 

opening  of  street,  highway  or  bridge  for  re- 
pairs or  renewals,     ....        148 
permits  from  local  authorities,  .  .        148 

liability  of  company  for  loss  or  injury,  when,       143 
obligation  to  construct. and  maintain  certain 

bridges,  g.  .  .  .  .149 

defective  streets  or  bridges,  liability  of  com- 
pany, damages,        ....       149 
commonwealth,    city,    town,    railroad    or 
bridge     corporation,      may     recover 
from  company,  when,        .  .  .        149 

guards  or  railings  upon  bridges  and  draws,  .       149 

I. 

ICE. 

transportation  of.     See  Transportation. 

INCORPORATION. 

certificate  of,  etc.     See  Formation. 

INCREASE      OF      STOCK.     See      Capital 
Stock. 

INQUESTS.     See  Index  to  Railroad  Laws. 

INSPECTION       OF       EQUIPMENT.      See 

Index  to  Railroad  Laws. 

INSPECTORS. 

appointment,  duties,  etc.  See  Index  to  Rail- 
road Laws. 

INTERESTED    PARTIES. 

mayor  and  aldermen,  selectmen,  abutters,  so 

considered,       .....        185 

railroad  corporations,  street  railway  com- 
panies, so  considered,        .  .  .        185 

ISSUE    OF    BONDS.     See  Bonds. 

ISSUE    OF    STOCK.     See  Capital  Stock. 


J. 


JOINT   USE    OF   TRACKS. 

permission  for,  .... 

rules  and  regulations  determined  by  board, 


L. 

LAND    TAKING. 

for  avoidance  of  crossings.     See  Crossings. 
damages,  etc.     See  Index  to  Railroad  Laws. 

LEASE    OR    PURCHASE. 

of  connecting  lines.     See  Index  to  Railway 
Laws. 

LENGTH    OF    RAILROAD.     See    Forma- 
tion. 

LIENS. 

for  labor  and  materials.     See  Index  to  Rail- 
road Laws. 

LOCAL    AUTHORITIES. 

duties  as  to  route,  etc.     See  Formation. 


134 
134 


INDEX    TO    ELECTRIC    RAILROAD    LAWS. 


201 


LOCATIONS. 

fixing.     See  Formation. 
in  ways.     See  Formation. 
restrictions  as   to.     See   Index   to   Railroad 
Laws. 

Connecting  Location. 
application  to  board,  when,          .           .           .  133 
notice,  hearing,  etc.,        ....  133 
abutters  to  be  notified,   ....  133 
decree  of  public  necessity  and  convenience,  .  133 
appliances,  conditions,  obligations,  speci- 
fied   133 

void,  unless  accepted  within  thirty  days,      .  133 

Street  Widening. 

decision  of  public  necessity  and  convenience,  144 
expense,  share  may  be  assessed  on  company, 

when,     ......  145 

not  to  exceed  one-half  cost,  etc.,       .  .  145 

alteration,    grade,    etc.,    expense,    company 

may  share,  when,     ....  145 

betterments,  assessments  not  to  exceed,        .  145 
total  assessment,  not  to  exceed  one-quarter 

of  cost,  ......  145 

betterment  law  to  apply,  when,  .  .  145 

collection  of  assessments,  ....  145 

State  Highways. 

streets  to  become  state  highways,  location 

on 145 

application      to      highway      commissioners, 

when,     ......  145 

location  and  grade  to  be  fixed,    .           .           .  145 

agreement  as  to  cost  of  construction,  .           .  145 

as  to  damages,  etc.,          ....  145 

to  remain  a  town  way,  until,                   .           .  145 

commissioners  to  have  powers  of  selectmen, 

etc 145,  146 

permit  to  open  highway  for  construction,     .  146 

regulations,  supervision,  expense,  etc.,       .  146 

Extension  of  Location. 

fifty  voters,  company,  may  petition  aldermen 

or  selectmen  for,       ....  143 

public  notice  and  hearing,        .           .           .  143 

grant,  conditions,  terms,  etc  ,      .           .           .  143 

restricted    to    those    in    original    location, 

etc., 143 

approval  by  board,  notice,  hearing,                 .  143 

alteration  in  grant,  notification,  hearing,  .  143 

void  unless  accepted  in  thirty  days,     .           .  143 

void  unless  approved  by  board,             .           .  143 

Alteration  of  Location. 


by  company  or 

143 

143 

143,  144 

144 


petition  to  aldermen,  etc 

interested  party, 
public  notice,  hearing,  decision, 
time  for,  expense,  etc., 
approval  by  board,  notice,  hearing 
amendment  to  alteration  before  certificate, 

notice,  hearing,         .... 
void  unless  accepted  within  thirty  days, 

Revocation  of  Location. 

action  by  local  board  after  one   year  from 

opening,  ..... 

public  notice,  hearing,     .  .  .  . 


144 
144 


111 
I  I  I 


LOCATIONS  —  Concluded. 

company  may  consent  within  thirty  days,    . 

void    unless    approved   by   board,  notice, 

hearing,  ..... 

removal  of  tracks,  restoration  of  surface, 
work  done  at  company's  expense,  upon  neg- 
lect,       ...... 

expense  recovered  in  action  of  tort, 
for  voluntary    discontinuance   of    use,   after 
six  months,     ..... 

Metropolitan  Parks. 

locations  in,       . 

LOCOMOTIVE    BOILERS. 

testing,  railroad  law  not  to  apply, 


144 

144 


144 
144 


147 


1246 


177 


LONGITUDINAL    LOCATIONS. 

in  ways.     See  Formation. 

railroad  law  not  applicable,  .  .  .        177 

accidents,  liability  to  towns,  railroad  law 

not  applicable,  .  .  .         177,  178 


M. 

MAILS. 

transportation    of.      See    Index   to    Railroad 
Laws. 

MAP.     See  Formation. 

MEETINGS.     See  Formation;   Bonds. 
See  also  Index  to  Railroad  Laws. 

METROPOLITAN    PARKS. 

location  in,         .  .  .  .  .  .      1246 

See  also  Taxation. 

MISSILES. 

Throwing,   penalty.     See  Index  to  Railroad 
Laws. 

MORTGAGES.     See  Bonds. 

MOTIVE    POWER.     See  Formation. 

stock  or  bond  issue  for  changing.     See  Cap- 
ital Stock;   Bonds. 

MOTORMEN. 

hours  of.     See  Operation. 

See  also  Indi.r  In  Railroad  Laws  (Employees). 

MUFFLERS. 

with    vacuum   brakes,    railroad    law   not   to 

apply,    ...-■       17" 


NAME.     See  Formation. 

change  of .     See  Index  in  Railroad  Laws. 

NAVIGABLE    STREAMS. 
crossing  of.    See  Crossings;  Formation. 

NEWSPAPERS. 

notices  in,  designation  by  board,  when.    See 

I  'orm  \  1  ION. 


262 


INDEX    TO    ELECTRIC    RAILROAD    LAWS. 


NOTICE. 

of  hearings  as  to  route,  etc.  See  Formation. 
of  agreement  of  association.  See  Formation. 
in  stockholders,  of  increase.     See  Capital 

Stock  (Increase  of). 
of  auction  sale  of  stock.    See  Capital  Stock. 


o. 

OBSTRUCTION. 

of  highways  by  cars.    See  Highways  (Cars). 

OCCUPATION. 

of  highways  by  cars.     See  Highways  (Cars). 

OFFICERS. 

dudes,  etc.     See  Index  to  Railroad  Laws. 

OPERATION. 

certificate  of  board  before  opening  for  public 

use 146 

speed  of  cars,  regulations  by  local  authorities,  146 

guards  or  railings  upon  bridges  and  draws,  .  149 

board  to  approve;   penalty,      .           .          149,  150 
grade  crossings,  stops  at,  within  one  hundred 

feet;  penalty,            ....  150 
approach  of  cars,  warning,            .           .           .150 

local  regulation,  approval  by  board,           .  150 
occupation  of  highways  by  cars,  railroad  law 

not  to  apply,  .  .  .  .177 

obstruction    of    highways    by    cars,    etc.; 

penalty 150,  151 

railroad  law  not  to  apply,         .           .           .  177 

obstruction  of  tracks,  penalty,     .           .           .  150 

which  endangers  life;  penalty,           .           .  150 

explosives,  placing  upon  tracks;  penalty,     .  150 

loitering  in  stations  or  waiting  rooms,  etc.; 

penalty,           .....  150 

disorderly  conduct,  etc.,  in  cars;  penalty,      .  150 

sales  upon  cars  by  children;  penalty,  .           .  151 
fenders,     wheelguards,     brakes,     emergency 

tools,      ......  151 

heating  of  cars,  rules  for;  penalty,                  .  151 

platforms,  enclosed  when,  rules;  penalty,     151,  152 
decisions    of    board,    force    and    effect; 

penalty,           .....  152 

conductors  and  motormen,   hours  of  labor, 

exceptions,  etc.,       ....  152 

street  sprinkling  cars,  use  of,  contracts,         .  134 
regulations  and  restrictions,  approval  by 

board, 134 

OVERHEAD    STRUCTURES. 

less  than  eighteen  feet  above  track,  when. 
See  Crossings. 


P. 

PARKS. 

acquisition  of,  etc.    See  Corporate  Powers. 
metropolitan.    See  Taxation. 


PAR    VALUE. 

of  shares.     See  Formation. 
stock  not   sold  at   less   than. 
Stock  (Increase  of). 


See  Capital 


PASSENGERS. 

transportation  of,  etc.    See  Index  to  Railroad 
Laws. 


PENALTY. 

as    to    locomotive    boilers,    mufflers,    safety 
valves,  not  to  apply, 

for  loitering  in  stations,  disorderly  conduct, 
etc.     See  Operation. 

for  violation  of  various  laws.     See  Opera- 
tion. 

for  loss  of  life  by  accident.    See  Index  to  Rail- 
road Laws. 

for  unlawful  diversion  of  electricity,    . 

for  destruction  of  poles  or  wires, 

for  neglect  of  regulations.     See  Operation. 

for  various  offences.     See  Index  to  Railroad 
Laws. 
See  also  Crimes. 

PLATFORMS. 

enclosed,  approval  by  board.     See  Opera- 
tion. 

PLEASURE    RESORTS. 

acquisition  of,  etc.    See  Corporate  Powers. 
stock  or  bonds  for.     See  Capital  Stock; 
Bonds. 

POLES    OR    WIRES. 

destruction  of,  penalty,       .... 
taxation  of,      .....  . 

POLICE. 

railroad.     See  Index  to  Railroad  Laws. 

POWER   HOUSES. 

stock    or    bond    issues    for.      See    Capital 
Stock;  Bonds. 

POWERS.     See  Corporate  Powers. 

PREFERRED    STOCK. 

issue  of ,   . 

PREMIUMS. 

cash  value,  may  be  computed  in  bond  issues, 

PRIVATE    LAND. 

construction  wholly  or  partly  upon,     . 
one-half  at  least  upon,        .... 
See  Taxation. 

PRIVATE    RAILROADS. 

provisions   as    to.     See    Index    to    Railroad 
Laws. 

PROFILE.     See  Formation. 

PROPERTY,  REAL  OR  PERSONAL. 

stock  or  bonds  for.     See   Capital  Stock; 
Bonds. 

PUBLICATION 

of  agreement  of  association.    See  Formation. 
of  notice  as  to  route,  etc.     See  Formation. 

PUBLIC    CONVENIENCE. 

certificate  of.     See  Formation. 

PUBLIC    NECESSITY. 

certificate  of.     See  Formation. 

as  to  connecting  location.     See  Location. 


177 


1426 
142c 


142c 
1606 


526 


47a 


173 
173 


INDEX    TO    ELECTRIC    RAILROAD    LAWS. 


263 


PUBLIC    WAYS. 

construction  wholly  or  partly  upon,     . 
extent  to  be  shown,         .... 

PURCHASE. 

of  connecting  lines.     See  Index  to  Railway 
Laws. 

PURCHASER. 

after  foreclosure,  rights,  liabilities,  etc. 
See  Bonds  (Mortgages). 

R. 

RAILROAD    COMMISSIONERS. 

appointment,    duties,    powers    in    general. 

See  Index  to  Railroad  Laws. 
accidents,  may  make  rules  to  prevent, 
may  make    regulations    as    to    equipment, 

bells,  whistles,  signals, 
grade  crossings,  regulation,  supervision.    See 

Index  to  Railroad  Laws. 
returns,  action  on  neglect  of,       . 
revision  of  excise  tax,  .... 

taxation,  distribution,  when, 


173 
174 


178 


170 
184 
184 


Approval, 
bond  issues,  of,  ....         154,  155 

electricity,  contracts  for,  .  .  .        141 

freight  transportation,  etc.,      .  .         176,  177 

locations,  of,     .  .  133,    143,    144,    175,176 

revocation  of,  .  .  .  .  .144 

land  taking,  avoidance  of  crossing,       .  .       158 

motive  power,  .  .  .  .  .173 

name,       .......       173 

newspapers,   for   publication   of  agreement, 

when,     .  .  .  .  .  .173 

for  publication  as  to  route,  when,     .  .       175 

overhead  structures  for  crossing,  .  .        158 

rails,  guards,  for  bridges.     See  Operation. 
route  of,  .....  175,  176 

speed,  regulation  of,  ....       146 

stock  issues,  amount,  etc.,  .  .  .       155 

increase,  price,  etc.,         ....       157 

Appeal. 

connecting  location,  as  to,  ...  133 

electricity,  as  to  contracts,  .  .  .  142 

route,  as  to,  .  .  .  .  .  176 

snow,  removal  of,  as  to,      .  .  .  .  147 

Certificate. 

of  exigency  (public  convenience  and  neces- 
sity)  174 

See  also  Formation. 
of  compliance,  for  charter.     See  Formation. 

RAILROADS. 

crossing  of.     See  Crossings. 

RAILWAYS. 

crossing  of.     See  Cbossingb. 

RECREATION    GROUNDS. 

acquisition  of,  etc.    See  Corporate  Powers. 
stock  or  bonds  for.     See  Capital  Stock; 
Bonds. 

REFUNDING. 

of  bonds.     See  Bo 


RELIEF    CORPORATIONS. 

See  Index  to  Railroad  Laws. 

REMEDIES. 

additional,  when  laws  are  violated;      .  .       170 

returns,  refusal  or  neglect  to  make,      .  .       170 

amendment  of,  refusal,  etc  ,     .  .  .        170 

board  to  present  facts  to  attorney-general  for 

action,    .  .  .  .  .  .170 

jurisdiction  iu  equity  to  compel  observance 

of  law, 170,  171 

to  restrain  violation  of  all  laws,         .         170,  171 
as   to  orders,  rules,  regulations  by  local 

boards,  .  .  .  .  .  .171 

as  to  orders  of  railroad  commissioners,      .        171 
to  review,  annul,  modify  or  amend  rulings 

of  state  boards,         ....        171 

REGISTERED    BONDS.      See  Bonds. 

RETURNS.     See  Books  and  Returns. 

REVOCATION    OF    LOCATION.     See    Lo- 
cation. 

ROLLING    STOCK. 

stock  or  bond   increase  for.     See  Capital 

Stock;  Bonds. 
conditional  sales  of.     See  Index  to  Railroad 

Laws. 
attachment  of.     See  Index  to  Railroad  Laws. 

ROUTE.     See  Formation. 

change  or  modification  of.     See  Formation. 
certificates  as  to.     See  Formation. 
fixing.     See  Formation. 
general  law  as  to  laying  out  railroads.     See 
Index  to  Railroad  Laws. 


s. 

SAFETY     APPLIANCES,     SAFE- 
GUARDS. 

provisions  as  to.    See  Index  to  Railroad  Laws. 

SAFETY    VALVES. 

for  locomotives,  railroad  law  not  to  apply,   .        177 

SALE. 

under  foreclosure.     See  Bonds  (Mortgages). 

SECRETARY   OF   COMMONWEALTH. 

to  issue  charter  certificate,  etc.  Sec  Forma- 
tion. 

certificates  for.  Sec  Formation;  Capital 
Stock;  Bonds. 

certificate  as  to  assessment.     See  Taxation. 

SELECTMEN. 

duties  as  to  route,  etc.  See  Formation 
(Fixing  the  Route);    I.'"  kTION. 

state  highway  commissioners  have  powers  of. 
See  Location. 

dm  ies  as  to  alteration,  extension  and  re\  oca- 
t  inn  of  local  ion.     See  Location 
rhead  crossings,  action  a>  to.    Sec  t'noss- 

[NGS. 

speed,  action  on.     Sec  Highways. 


264 


INDEX    TO    ELECTRIC    RAILROAD    LAWS. 


SHARES.     See  Capital  Stock. 
taxation  of.     See  Taxation. 

SIGNALS. 

board  to  make  rules  as  to,  .  .  .178 

at  crossings.     See  Index  to  Railroad  Laws. 
injury  to.     See  Index  to  Railroad  Laws. 

SNOW. 

removal  of.     Sec  Highways. 

application  of  tax  for.     See  Taxation 
transportation  of.     See  Transportation. 

SPECIAL    CHARTER. 

certificate  of  incorporation  to  have  force  and 

effect  of 42 

SPECIAL    CHARTERS.      See  Index  to  Rail- 
road Laics. 

SPEED    OF    CARS.     See  Highways. 

STATE    HIGHWAYS.     See  Location. 

STATIONS. 

provisions   as    to.      See    Index    to    Railroad 

Laws. 
loitering  in.     See  Operation. 

STOCK.     See  Capital  Stock. 

STOCK    DIVIDENDS. 

or  scrip,  forbidden,  when,  liability,  etc.     See 
Index  to  Railroad  Laws. 

STOCKHOLDERS. 

new   stock  for.      See   Capital   Stock    (In- 
crease), 
vote  on  bond  issue.     See  Bonds. 

STONES. 

transportation  of.     See  Transportation. 

STOPPING    TRAIN. 

wilfully,  railroad  law  not.  to  apply,       .  .        177 

STREET    SPRINKLING    CARS. 

use  of.     See  Operation. 

STREET    WIDENING.     See  Location. 
betterments,  stock  or  bonds  for  paving.    See 
Capital  Stock;  Bonds. 

SUBSCRIBERS.     See     Formation      (Agree- 
ment of  Association). 

SUPERIOR    COURT. 

appeal  to,  as  to  taxation.     See  Taxation. 
See  Equity. 

SUPREME    JUDICIAL    COURT. 

equity  proceedings  as  to  mortgaged  roads,  .         49 
See  Bonds  (Mortgages). 
See  Equity. 

SWITCHES,    BRIDGE    GUARDS. 

provisions   as   to.      See    Index    to    Railroad 
Laws. 


T. 


TAXATION. 


Corporate  Franchise  Tax. 

annual  returns  to  tax  commissioner,  con- 
tents, oath,  etc 180,  181 

length  of  line  to  be  returned,       .          .          .  180 
without  commonwealth,  to  be  returned,    .  180 
upon  private  land,  to  be  returned,    .           .  180 
operated  in  each  city  or  town,  to  be  re- 
turned   180 

how  determined,  owned  or  leased,  etc.,      .  181 

shares,  market  value,  to  be  ascertained,        .  181 

fair  cash  value  to  be  estimated,        .  .  181 

taken  as  true  value  of  corporate  franchise, 

deductions,      .....  181 

real  estate  and  machinery,  local  assessment 

taken,  when,  .....  181 

appeal  from  local  valuation,  when,       .  .  181 

to  county  commissioners  or  superior  court,  181 
costs,    .          .          .          .          .          .          .181 

tax  commissioner  may  be  heard,       .  .  181 

tax,  rate,  how  determined,  .  .  .  181 

secretary  of  commonwealth   may  certify 

preceding  tax,  deductions,  etc.,  181 

assessors  of  cities  and  towns,  return  of,     .  181 

Additional  Corporate  Franchise  Tax. 

when  dividends  exceed  eight  per  cent,  upon 

capital,  .....       182 

excess  to  be  determined  by  tax  commis- 
sioner,   ......       182 

real  estate  and  machinery,  appeal  from  local 

valuation,  when,      ....       182 

Exemption  and  Apportionment. 

no  local  assessment  when  corporate  fran- 
chise tax  is  paid,      ....        182 

private  land,  line  upon,  tax  how  distributed,        182 

public  ways,  line  upon,  tax  how  distributed,        183 

metropolitan   parks,  etc.,   line  in,  tax  how 

distributed,     .....        183 

Wachusett  Mountain  reservation,  line  in,  tax 

how  distributed,       ....        183 

stock  held  by  co-partners,  guardians,  execu- 
tors, etc.,  how  credited,    .  .  .       182 

tax,  how  distributed,  appeal,  etc.,        .  .       183 

Commutation  Tax. 

return  of  length  of  track,  gross  receipts,  etc., 

to  assessors,    .....       183 

income  from  sale  of  power,  rental,  etc.,  ex- 
cepted, ......       1S3 

excise  tax,  how  determined,         .  .         183,  184 

in  addition  to  taxes  otherwise  provided,    .        184 

revision  of  tax  by  board,    ....        184 

petition,  public  notice,  hearing,         .  .        184 

aldermen,    selectmen    or    company,    may 

apply,    ......       184 

percentage  of  gross  receipts  to  be  paid, 

how  determined,       ....        184 

not  to  be  changed  for  three  years,  184 

board  may  fix  distribution,  on  application  by 

city  or  town,  .....       184 

notice,  hearing,  etc.,        ....       184 

notification  of  amount  to  collector  by  assess- 
ors  184 

notification  to  treasurer  of  company,  .  184,  185 

tax    payable    within    thirty   days,    collec- 
tion,      ......       185 


INDEX    TO    ELECTRIC    RAILROAD    LAWS. 


265 


TAXATION  —  Concluded. 

Application  of  Taxes. 

to  const  runt  ion,  repair,  maintenance  of  cer- 
tain ways  and  places,        .  .  .       185 

to    removal  of   snow   from   such    ways   and 

places,    ......       185 

Tax  Commissioner. 

annual  returns  to,  contents,  oath,  etc.,         180,  181 

value  of  shares,  to  ascertain  and  estimate,    .        181 

appeal,  may  require  prosecution  of  and  be 

heard 181 

to  determine  as  to  additional  corporate  fran- 
chise tax,         .....        182 

local  valuation  of  real  estate  and  machinery, 

appeal,  may  direct,  .  .  182 

tax,  distribution  to  cities  and  towns,  notifica- 
tion, certificate,        ....        183 

board  of  appeal,  duties  as  to  tax,  .  .        183 


Poles  or  Wires. 


of, 


1606 


TAX    COMMISSIONER.     See  Taxation. 
TERMINI.      See  Formation. 

TIDE    WATERS. 

crossing  of.     See  Crossings;   Formation. 

TOWNS. 

clerks  of.     See  Formation. 
purchase   of    electricity.       See    Corporate 
Powers. 

TRACK,     WALKING    ON. 

not  within  limits  of  highway;  penalty,         110,  178 
company  not  liable  for  death,  when,    .     27,  28,  178 

TRACKS. 

discontinuance  of.     See  Highways. 

joint  use  of,       .....  134 


TRAIN. 

stopping,  wilfully,  railroad  law  not  to  apply,        177 

TRANSPORTATION. 

of  baggage  and  express  matter.    See  Corpo- 
rate Powers  (Common  Carrier), 
of  gravel,  snow,  ice,  stones,  etc.,  .  .        134 

delivery  to  connecting  lines,  etc.,      .  .        134 

contracts    with    cities,    towns    and    state 

highway  commission  for,  .  .        134 

of  mails.     See  Index  to  Railroad  Laics. 
of  passengers.     See  Index  to  Railroad  Laws. 

TREASURER.     See  Formation;  Bonds. 

TRUSTEES. 

under  mortgage,  powers,  duties.    See  Bonus. 
subject  to  laws  applying  to  corporations,      .  36 


V. 

VESTIBULES. 

approval  by  board.     See  Operation. 

VOTERS. 

may  ask  extension  of  location.     See  Loca- 
tion. 

w. 

WACHUSETT     MOUNTAIN      RESERVA- 
TION.    See  Taxation. 

WHISTLES. 

railroad  law  not  to  apply,  .  .  .177 

board  to  prescribe  rules  as  to,     .  .  .178 

WIDENING,    STREET.     See  Location. 

WIRES. 

destruction  of,  penalty,       ....      142c 


This  book  is  DUE  on  the  last  date  stamped  below 


REC'D  LD-IRC 

1  o  1971 


FormL-9-15m-ll,'27 


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